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H. B. No. 161As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Flowers, DeWine, Ford, Damschroder, Goodman, Fessler, Schaffer, Schmidt, Carey, Seitz, Raga, Coates, Widowfield, Wolpert, Clancy, Carmichael
A BILL
To amend sections 3743.01, 3743.02, 3743.03, 3743.04,
3743.05, 3743.06, 3743.07, 3743.08, 3743.15,
3743.16, 3743.17, 3743.18, 3743.19, 3743.20,
3743.21, 3743.40, 3743.44, 3743.45, 3743.50,
3743.51, 3743.52, 3743.53, 3743.54, 3743.58,
3743.59, 3743.60, 3743.61, 3743.64, 3743.65,
3743.66, 3743.68, 3743.80, and 3743.99 and to
enact sections 3743.25, 3743.56, and 3743.70 of
the Revised Code to reenact the amendments and the
enactments made to the
Fireworks Law by Am. Sub.
H.B. 215 of the
122nd General Assembly to protect
the sections
against a challenge that their
amendment or enactment violated the
one-subject
rule and to further amend sections
3743.01,
3743.52, 3743.53, 3743.54, 3743.64, and
3743.99
and to enact section 3743.541 of the
Revised Code
to make other changes in the
Fireworks Law
relating to fireworks incidents and
their
investigation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3743.01, 3743.02, 3743.03, 3743.04,
3743.05, 3743.06, 3743.07, 3743.08, 3743.15, 3743.16, 3743.17,
3743.18, 3743.19, 3743.20, 3743.21, 3743.40, 3743.44, 3743.45,
3743.50, 3743.51, 3743.52, 3743.53, 3743.54, 3743.58, 3743.59,
3743.60, 3743.61, 3743.64, 3743.65, 3743.66, 3743.68, 3743.80, and
3743.99 be amended and sections 3743.25, 3743.56, and 3743.70 of
the Revised Code be enacted to read as follows:
Sec. 3743.01. As used in this chapter: (A) "Beer" and "intoxicating liquor" have the same
meanings
as in section 4301.01 of the Revised Code. (B) "Booby trap" means a small tube that has a string
protruding from both ends, that has a friction-sensitive
composition, and that is ignited by pulling the ends of the
string. (C) "Cigarette load" means a small wooden peg that is
coated
with a small quantity of explosive composition and that is
ignited
in a cigarette. (D)
"Class C fireworks" means fireworks classified as
Class C
fireworks by the fire marshal in rules adopted pursuant
to
division (A) of section 3743.05 of the Revised Code
(1)
"1.3G
fireworks" means display fireworks consistent with
regulations of
the United States department of
transportation as expressed using
the designation "division 1.3" in
Title 49, Code of
Federal
Regulations. (2) "1.4G fireworks" means consumer fireworks consistent
with
regulations of the United States department of
transportation
as
expressed using the designation "division 1.4" in
Title 49,
Code
of
Federal Regulations. (E) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code. (F) "Fireworks" means any composition or device prepared
for
the purpose of producing a visible or an audible effect by
combustion, deflagration, or detonation, except ordinary matches
and except as provided in section 3743.80 of the Revised Code. (G) "Fireworks plant" means all buildings and other
structures in which the manufacturing of fireworks, or the
storage
or sale of manufactured fireworks by a manufacturer, takes
place. (H) "Highway" means any public street, road, alley, way,
lane, or other public thoroughfare. (I) "Licensed exhibitor of fireworks" or "licensed
exhibitor" means a person licensed pursuant to sections 3743.50
to
3743.55 of the Revised Code. (J) "Licensed manufacturer of fireworks" or "licensed
manufacturer" means a person licensed pursuant to sections
3743.02
to 3743.08 of the Revised Code. (K) "Licensed wholesaler of fireworks" or "licensed
wholesaler" means a person licensed pursuant to sections 3743.15
to 3743.21 of the Revised Code. (L) "List of licensed exhibitors" means the list required
by
division (C) of section 3743.51 of the Revised Code. (M) "List of licensed manufacturers" means the list
required
by division (C) of section 3743.03 of the Revised Code. (N) "List of licensed wholesalers" means the list required
by division (C) of section 3743.16 of the Revised Code. (O) "Manufacturing of fireworks" means the making of
fireworks from raw materials, none of which in and of themselves
constitute a fireworks, or the processing of fireworks. (P) "Navigable waters" means any body of water susceptible
of being used in its ordinary condition as a highway of commerce
over which trade and travel is or may be conducted in the
customary modes, but does not include a body of water that is not
capable of navigation by barges, tugboats, and other large
vessels. (Q) "Novelties and trick noisemakers" include the
following
items: (1) Devices that produce a small report intended to
surprise
the user, including, but not limited to, booby traps,
cigarette
loads, party poppers, and snappers; (2) Snakes or glow worms; (R) "Party popper" means a small plastic or paper item
that
contains not more than sixteen milligrams of
friction-sensitive
explosive composition, that is ignited by
pulling a string
protruding from the item, and from which paper
streamers are
expelled when the item is ignited. (S) "Processing of fireworks" means the making of
fireworks
from materials all or part of which in and of
themselves
constitute a fireworks, but does not include the mere
packaging or
repackaging of fireworks. (T) "Railroad" means any railway or railroad that carries
freight or passengers for hire, but does not include auxiliary
tracks, spurs, and sidings installed and primarily used in
serving
a mine, quarry, or plant. (U) "Retail sale" or "sell at retail" means a sale of
fireworks to a purchaser who intends to use the fireworks, and
not
resell them. (V) "Smoke device" means a tube or sphere that contains
pyrotechnic composition that, upon ignition, produces white or
colored smoke as the primary effect. (W) "Snake or glow worm" means a device that consists of a
pressed pellet of pyrotechnic composition that produces a large,
snake-like ash upon burning, which ash expands in length as the
pellet burns. (X) "Snapper" means a small, paper-wrapped item that
contains a minute quantity of explosive composition coated on
small bits of sand, and that, when dropped, implodes. (Y) "Trick match" means a kitchen or book match that is
coated with a small quantity of explosive composition and that,
upon ignition, produces a small report or a shower of sparks. (Z)
"Wire sparkler" means a sparkler consisting of a wire or
stick
coated with a nonexplosive pyrotechnic mixture that produces
a shower of
sparks upon ignition and that contains no more than
one hundred grams of this
mixture. (AA) "Wholesale sale" or "sell at wholesale" means a sale
of
fireworks to a purchaser who intends to resell the fireworks
that
he purchases
so purchased. (BB)
"Licensed
premises" means the real estate upon which a
licensed
manufacturer or wholesaler of fireworks conducts
business. (CC) "Licensed building" means a
building on the licensed
premises of a licensed manufacturer or
wholesaler of fireworks
that is approved for occupancy by the
building official having
jurisdiction.
Sec. 3743.02. (A) Any person who wishes to manufacture
fireworks in this state shall submit to the fire marshal an
application for licensure as a manufacturer of fireworks before
the first day of
December
October of each year. The
application
shall be
submitted prior to the operation of a fireworks plant,
shall be
on a form prescribed by the fire marshal, shall contain
all
information required by this section or requested by the fire
marshal, and shall be accompanied by the license fee,
fingerprints, and
bond,
letter of credit, certificate of deposit,
or proof of insurance
coverage described in division (B) of this
section. The fire marshal shall prescribe a form for applications
for
licensure as a manufacturer of fireworks and make a copy of
the
form available, upon request, to persons who seek that
licensure. (B) An applicant for licensure as a manufacturer of
fireworks shall submit with the application
both
all of the
following: (1) A license fee of
one
two thousand
five
seven
hundred
fifty dollars,
which the fire marshal shall use to
pay for
fireworks safety education, training programs, and inspections; (2)
An indemnity bond, with surety satisfactory to the
fire
marshal, or a letter of credit or certificate of deposit, in
such
amounts as may be determined by the fire marshal not in
excess of
fifty thousand dollars nor less than twenty thousand
dollars,
conditioned for the payment of all final judgments that
may be
rendered against the manufacturer on account of an
explosion at
the fireworks plant, or proof of insurance coverage
of at least
five hundred thousand dollars for liability arising
from an
explosion at the fireworks plant
Proof of comprehensive general
liability insurance coverage, specifically including fire and
smoke casualty
on premises and products, in an amount not less
than one million dollars for
each occurrence for bodily injury
liability and wrongful death liability at
the fireworks plant.
All
applicants shall submit evidence of
comprehensive general
liability insurance coverage verified by the insurer and
certified
as to its provision of the minimum coverage required under this
division. (3) One complete set of the applicant's fingerprints and
a
complete set of fingerprints of any individual holding,
owning, or
controlling a five per cent or greater beneficial or
equity
interest in the applicant for the license. (C) A separate application for licensure as a manufacturer
of fireworks shall be submitted for each fireworks plant that a
person wishes to operate in this state. (D) If an applicant intends to include the processing of
fireworks as any part of its proposed manufacturing of fireworks,
a statement indicating that intent shall be included in its
application for licensure.
Sec. 3743.03. (A) If a person submits an application for
licensure as a manufacturer of fireworks, together with the
license fee,
fingerprints, and
bond, letter of credit,
certificate
of deposit,
or proof of the insurance coverage, as required by
section
3743.02 of the Revised Code, the fire marshal shall review
the
application and accompanying matter,
request the criminal
records check
described in division (E) of this section, inspect
the
premises of the
fireworks plant described in the application,
and determine
whether the applicant will be issued the license.
In
determining
whether to issue the license, the fire marshal
shall
consider the
results of the
criminal records check and the
inspection, and
the information set forth in the
application, and
shall decide whether the applicant and the
fireworks plant
described in the application conform to sections
3743.02 to
3743.08 of the Revised Code and the rules adopted by
the fire
marshal pursuant to section 3743.05 of the Revised Code,
and are
in full compliance with Chapters 3781. and 3791. of the Revised
Code, and
any applicable building or zoning regulations. (B)
The
Subject to section 3743.70 of the Revised Code, the
fire marshal shall
issue a license
pursuant to
in accordance with
Chapter 119. of the Revised Code to an applicant for licensure as
a manufacturer of fireworks only if the applicant and the
fireworks plant described in the application conform to sections
3743.02 to 3743.08 of the Revised Code and the rules adopted by
the fire marshal pursuant to section 3743.05 of the Revised Code,
only if the fireworks plant described in the application complies
with the Ohio building code adopted under Chapter 3781. of the
Revised Code, if that fireworks plant was constructed after May
30, 1986, and only if the fire marshal is satisfied that the
application and accompanying matter are complete and in
conformity
with section 3743.02 of the Revised Code. The
requirements of
this chapter and of the rules adopted under this
chapter as
applicable to the structure of a building do not apply
to a
building in a fireworks plant if the building was inspected
and
approved by the department of industrial relations or by any
building department certified pursuant to division (E) of section
3781.10 of the Revised Code prior to May 30, 1986. (C) Each license issued pursuant to this section shall
contain a distinct number assigned to the licensed manufacturer
and, if the licensed manufacturer will engage in the processing
of
fireworks as any part of its manufacturing of fireworks at the
fireworks plants, a notation indicating that fact. The fire
marshal shall maintain a list of all licensed manufacturers of
fireworks. In the list next to each manufacturer's name, the
fire
marshal shall insert the period of licensure, the license
number
of the manufacturer, and, if applicable, a notation that
the
manufacturer will engage in the processing of fireworks as
part of
its manufacturing of fireworks. (D) The holder of a license issued pursuant to this
section
may request the fire marshal to cancel that license and
issue in
its place a license to sell fireworks at wholesale under
section
3743.16 of the Revised Code. Upon receipt of such a
request, the
fire marshal shall cancel the license issued under
this section
and issue a license under section 3743.16 of the
Revised Code if
the applicant meets the requirements of that
section. (E)
Upon receipt of an application and the
required
accompanying matter under section 3743.02 of the
Revised
Code, the
fire marshal shall
forward to the superintendent of the bureau of
criminal
identification and investigation a request that the
bureau
conduct an investigation of the applicant and, if
applicable,
additional individuals who hold, own, or control a
five per cent
or greater beneficial or equity interest in the
applicant, to
determine whether the applicant or the additional
associated
individuals have been convicted of or pled guilty to a
felony
under the laws of this state, another state, or the
United
States. If the applicant for initial licensure has resided in this
state
for less than five continuous years immediately prior to the
date the applicant submits an initial application, the
superintendent
also shall request that the federal bureau of
investigation
conduct an investigation of the applicant and, if
applicable,
additional individuals who hold, own, or control a
five per cent
or greater beneficial or equity interest in the
applicant, to
determine whether the applicant or the additional
associated
individuals have been convicted of or pled guilty to a
felony
under the laws of this state, another state, or the
United
States. The superintendent shall forward the results of an
investigation conducted pursuant to this division to the fire
marshal and may charge a reasonable fee for providing the
results.
The fire marshal shall assess any fee charged by the
superintendent for the results to the applicant.
Sec. 3743.04. (A) The license of a manufacturer of
fireworks is effective for one year beginning on the first day of
December. The fire marshal shall issue
or renew a license only on
that
date and at no other time. If a manufacturer of fireworks
wishes
to continue manufacturing fireworks at the designated
fireworks
plant after its then effective license expires, it shall
apply
no later
than the first day of October
for a new license
pursuant to section 3743.02 of the Revised
Code. The fire marshal
shall send a written notice of the
expiration of its license to a
licensed manufacturer at least
two
three
months before the
expiration date. (B) If, during the effective period of its licensure, a
licensed manufacturer of fireworks wishes to construct, locate,
or
relocate any buildings or other structures on the premises of
its
fireworks plant, to make any structural change or renovation
in
any building or other structure on the premises of its
fireworks
plant, or to change the nature of its manufacturing of
fireworks
so as to include the processing of fireworks, the
manufacturer
shall notify the fire marshal in writing. The fire
marshal may
require a licensed manufacturer also to submit
documentation,
including, but not limited to, plans covering the
proposed
construction, location, relocation, structural change or
renovation, or change in manufacturing of fireworks, if
he
the
fire
marshal determines the documentation is necessary for
evaluation purposes
in light of the proposed construction,
location, relocation,
structural change or renovation, or change
in manufacturing of
fireworks. Upon receipt of the notification and additional
documentation
required by the fire marshal, the fire marshal
shall inspect the
premises of the fireworks plant to determine if
the proposed
construction, location, relocation, structural
change or
renovation, or change in manufacturing of fireworks
conforms to
sections 3743.02 to 3743.08 of the Revised Code and
the rules
adopted by the fire marshal pursuant to section 3743.05
of the
Revised Code. The fire marshal shall issue a written
authorization to the manufacturer for the construction, location,
relocation, structural change or renovation, or change in
manufacturing of fireworks if
he
the fire marshal determines,
upon
the inspection
and a review of submitted documentation, that the
construction,
location, relocation, structural change or
renovation, or change
in manufacturing of fireworks conforms to
those sections and
rules. Upon authorizing a change in
manufacturing of fireworks
to include the processing of fireworks,
the fire marshal shall
make notations on the manufacturer's
license and in the list of
licensed manufacturers in accordance
with section 3743.03 of the
Revised Code. On or before June 1, 1998, a licensed manufacturer shall
install, in every licensed building in which fireworks
are
manufactured, stored, or displayed and to which the public has
access,
interlinked fire detection, smoke exhaust, and smoke
evacuation systems that are approved by the superintendent of the
division of
industrial compliance,
and shall comply with floor
plans showing occupancy load limits and internal
circulation and
egress patterns that are approved by the fire
marshal and
superintendent, and that are submitted under seal as
required by
section 3791.04 of the Revised Code. Notwithstanding section
3743.59 of the Revised Code, the
construction and safety
requirements established in this division are not subject to any
variance,
waiver, or exclusion. (C) The license of a manufacturer of fireworks authorizes
the manufacturer to engage only in the following activities: (1) The manufacturing of fireworks on the premises of the
fireworks plant as described in the application for licensure or
in the notification submitted under division (B) of this section,
except that a licensed manufacturer shall not engage in the
processing of fireworks unless authorized to do so by its
license. (2) To possess for sale at wholesale and sell at wholesale
the fireworks manufactured by the manufacturer, to persons who
are
licensed wholesalers of fireworks, to out-of-state residents
in
accordance with section 3743.44 of the Revised Code, to
residents
of this state in accordance with section 3743.45 of the
Revised
Code, or to persons located in another state provided the
fireworks are shipped directly out of this state to them by the
manufacturer. A person who is licensed as a manufacturer of
fireworks on
the effective date of this amendment may
June 14,
1988,
also
may possess for sale and sell pursuant to division
(C)(2) of
this section fireworks other than those
he
the person
manufactures. The
possession for sale shall be on the premises of
the fireworks
plant described in the application for licensure or
in the
notification submitted under division (B) of this section,
and
the sale shall be from
those premises
the inside of a licensed
building and from no other structure or device outside a licensed
building.
At no time shall a licensed manufacturer sell any class
of fireworks outside a
licensed building. (3) Possess for sale at retail and sell at retail the
fireworks manufactured by the manufacturer, other than
Class C
1.4G fireworks as designated by the fire marshal in
rules adopted
pursuant to division (A) of section 3743.05 of the Revised Code,
to licensed exhibitors in accordance with sections 3743.50 to
3743.55 of the Revised Code, and possess for sale at retail and
sell at retail the fireworks manufactured by the manufacturer,
including
such Class C
1.4G fireworks, to out-of-state
residents
in
accordance with section 3743.44 of the Revised Code, to
residents
of this state in accordance with section 3743.45 of the
Revised
Code, or to persons located in another state provided the
fireworks are shipped directly out of this state to them by the
manufacturer. A person who is licensed as a manufacturer of
fireworks on
the effective date of this amendment
June 14,
1988,
may also possess for sale and sell pursuant to division (C)(3) of
this section fireworks other than those
he
the person
manufactures. The
possession for sale shall be on the premises of
the fireworks
plant described in the application for licensure or
in the
notification submitted under division (B) of this section,
and
the sale shall be from
those premises
the inside of a licensed
building and from no other structure or device outside a licensed
building.
At no time shall a licensed manufacturer sell any class
of fireworks outside a
licensed building. A licensed manufacturer of fireworks shall sell under
division (C)
of this section only fireworks that meet the
standards set by the consumer
product safety commission or by the
American fireworks
standard laboratories or that have received an
EX number from the
United States department of transportation. (D) The license of a manufacturer of fireworks shall be
protected under glass and posted in a conspicuous place on the
premises of the fireworks plant. Except as otherwise provided in
this division, the license is not transferable or assignable. A
license may be transferred to another person for the same
fireworks plant for which the license was issued if the assets of
the plant are transferred to that person by inheritance or by a
sale approved by the fire marshal. The license is subject to
revocation in accordance with section 3743.08 of the Revised
Code. (E)
The fire marshal shall not place the license of a
manufacturer of fireworks in a temporarily inactive status while
the holder of
the license is
attempting to qualify to retain the
license.
(F) Each licensed
manufacturer of fireworks that possesses
fireworks for sale and
sells fireworks under division
(C) of
section 3743.04 of the Revised
Code, or a designee of the
manufacturer, whose identity is provided to the fire marshal by
the manufacturer, annually shall attend a continuing education
program consisting of not less than eight hours of instruction.
The fire marshal shall develop
the program and the fire marshal or
a person or public agency approved by the
fire marshal shall
conduct it. A licensed manufacturer or the manufacturer's
designee who attends a program as required under this division,
within one year after attending the program, shall conduct
in-service training for other employees of the licensed
manufacturer regarding the information obtained in the program.
A
licensed manufacturer shall provide the fire marshal with
notice
of the date, time, and place of all in-service training
not less
than thirty days prior to an in-service training
event. (G) A licensed
manufacturer shall maintain comprehensive
general liability
insurance coverage in the amount and type
specified under
division (B)(2) of section
3743.02 of the Revised
Code at all times. Each policy
of insurance required under this
division shall contain a
provision requiring the insurer to give
not less than fifteen
days' prior written notice to the fire
marshal before
termination, lapse, or cancellation of the policy,
or any change
in the policy that reduces the coverage below the
minimum
required under this division. Prior to canceling or
reducing
the amount of coverage of any comprehensive general
liability
insurance coverage required under this division, a
licensed
manufacturer shall secure supplemental insurance in an
amount
and type that satisfies the requirements of this division
so
that no lapse in coverage occurs at any time. A licensed
manufacturer who secures supplemental insurance shall file
evidence of the supplemental insurance with the fire marshal
prior
to canceling or reducing the amount of coverage of any
comprehensive general liability insurance coverage required
under
this division.
Sec. 3743.05. The fire marshal shall adopt rules
pursuant
to
in accordance with Chapter 119. of the Revised Code governing
the
classification
of fireworks
that are consistent with the
classification of fireworks
by the United States department of
transportation as set
forth in Title 49, Code of Federal
Regulations, and the manufacture of fireworks and the storage of
manufactured fireworks by licensed manufacturers of fireworks.
The
rules shall be designed to promote the safety and security of
employees of manufacturers, members of the public, and the
fireworks plant. The rules shall be consistent with sections 3743.02 to
3743.08 of the Revised Code, shall be
limited
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: (A) A classification of fireworks by
number and letter
designation, including, specifically, a
Class C
1.4G
designation
of fireworks. The classes of fireworks established by the fire
marshal shall be substantially equivalent to those defined by the
United
States department of transportation by regulation, except
that, if the
fire marshal determines that a type of fireworks
designated as
common fireworks by the United States department of
transportation meets the criteria of any class of fireworks,
other
than
Class C
1.4G fireworks, as adopted by the fire
marshal
pursuant to this section, the fire marshal may include the type
of
fireworks in the other class instead of
Class C
1.4G. (B) Appropriate standards for the manufacturing of types
of
fireworks
that are consistent with standards adopted by the
United
States department of transportation and the
consumer product
safety commission, including, but not limited to,
the following: (1) Permissible amounts of pyrotechnic or explosive
composition; (2) Interior and exterior dimensions; (3) Structural specifications. (C) Cleanliness and orderliness in, the heating, lighting,
and use of stoves and flame-producing items in, smoking in, the
prevention of fire and explosion in, the availability of fire
extinguishers or other fire-fighting equipment and their use in,
and emergency procedures relative to the buildings and other
structures located on the premises of a fireworks plant. (D) Appropriate uniforms to be worn by employees of
manufacturers in the course of the manufacturing, handling, and
storing of fireworks, and the use of protective clothing and
equipment by the employees. (E) The manner in which fireworks are to be packed,
packaged, and stored.
Sec. 3743.06. In addition to conforming to the rules of
the
fire marshal adopted pursuant to section 3743.05 of the
Revised
Code, licensed manufacturers of fireworks shall operate
their
fireworks plants in accordance with the following: (A) Signs indicating that smoking is generally forbidden
and
trespassing is prohibited on the premises of a fireworks
plant
shall be posted on the premises in a manner determined by
the fire
marshal. (B) Reasonable precautions shall be taken to protect the
premises of a fireworks plant from trespass, loss, theft, or
destruction. Only persons employed by the manufacturer,
authorized governmental personnel, and persons who have obtained
permission from a member of the manufacturer's office to be on
the
premises, are to be allowed to enter and remain on the
premises. (C) Smoking or the carrying of
lighted pipes, cigarettes,
or
cigars, matches, lighters, other flame-producing items, or
open
flame on,
or the carrying of a concealed source of ignition
into,
the premises of a fireworks plant is prohibited,
except that a
manufacturer may permit smoking in specified
lunchrooms or
restrooms in buildings or other structures in which
no
manufacturing, handling,
sales, or storage of fireworks
take
takes
place. "NO SMOKING" signs shall be posted
on the premises as
required by the fire marshal. (D) Fire and explosion prevention and other reasonable
safety measures and precautions shall be implemented by a
manufacturer. (E) Persons shall not be permitted to have in their
possession or under their control, while they are on the premises
of the fireworks plant, any intoxicating liquor, beer, or
controlled substance, and they shall not be permitted to enter or
remain on the premises if they are found to be under the
influence
of any intoxicating liquor, beer, or controlled
substance. (F) A manufacturer shall conform to all building, safety,
and zoning statutes, ordinances, rules, or other enactments that
apply to the premises of its fireworks plant. (G) No building used in the manufacture, storage, or sale
of
fireworks shall be situated nearer than one thousand feet to
any
structure that is not located on the property of and that
does not
belong to the licensed fireworks manufacturer, or nearer
than
three hundred feet to any highway or railroad, or nearer
than one
hundred feet to any building used for the storage of
explosives or
fireworks, or nearer than fifty feet to any factory
building.
This
division does not apply to factory buildings in
fireworks
plants
that were erected on or before May 30, 1986, and
that were
legally
being used for fireworks activities under
authority of a
valid
license issued by the fire marshal as of
December 1, 1990,
pursuant to sections 3743.03 and 3743.04 of the
Revised Code. (H) Each fireworks plant shall have at least one class 1
magazine that is approved by the bureau of alcohol, tobacco, and
firearms of the United States department of the treasury and that
is otherwise in conformity with federal law. This division does
not apply to fireworks plants existing on or before August 3,
1931. (I)
Awnings, tents, and canopies shall not be used as
facilities
for the sale or storage of fireworks.
This division
does not prohibit the
use of an awning or
canopy attached to a
public access showroom for storing
nonflammable shopping
convenience items such as shopping carts
or baskets or providing a
shaded area for patrons waiting to
enter the public sales area. (J) Fireworks may be
stored in trailers if the trailers are
properly enclosed, secured, and
grounded and are
separated from
any structure to which the public is admitted
by a distance that
will, in the fire marshal's judgment, allow fire-fighting
equipment to have full access to the structures
on the licensed
premises.
Such
trailers may be moved into closer proximity to any
structure only to
accept or discharge cargo for a period not to
exceed forty-eight hours. Only
two such trailers may be placed in
such closer proximity at any one time.
At no time may trailers be
used for conducting sales of any class of
fireworks, nor may
members of the public have access to the trailers. Storage areas for fireworks that are in the same building
where fireworks
are
displayed and sold to the public shall be
separated from the areas to which
the public has access by an
appropriately rated fire wall. (K) A fire suppression system as defined in section 3781.108
of the Revised Code
may be turned off only for repair, drainage of
the system to prevent damage by
freezing during the period of
time, approved by the fire marshal, that the
facility is closed to
all public access during winter months, or maintenance
of
the
system. If any repair or maintenance is necessary during times
when
the facility is open for public access and business as
approved by the
fire marshal, the licensed manufacturer shall
notify in
advance the appropriate insurance company and fire chief
or fire prevention
officer regarding the nature of the maintenance
or repair and the time when it
will be performed. (L) If any fireworks item is removed from its
original
package or is manufactured with any fuse other than a safety fuse
approved by the consumer product safety commission, then the
item
shall be covered completely by repackaging or bagging or it shall
otherwise be covered so as to prevent ignition prior to sale. (M) A safety officer
shall be present during regular
business
hours at a building
open to the public during the period
commencing fourteen days
before, and ending two days after, each
fourth day of
July. The officer
shall be highly visible, enforce
this chapter and any applicable
building codes to the extent the
officer is authorized by law,
and be one of the following:
(2) A law enforcement officer of a municipal corporation,
township, or township or joint township police district; (3) A private uniformed security guard registered under
section 4749.06 of the Revised
Code. (N) All doors of all
buildings on the licensed premises
shall
swing outward. (O) All wholesale and
commercial sales of fireworks shall be
packaged, shipped,
placarded, and transported in accordance with
United
States department of
transportation regulations applicable
to the transportation, and
the offering for transportation, of
hazardous materials. For
purposes of this division, "wholesale
and commercial sales"
includes all sales for resale and any
nonretail sale made in
furtherance of a commercial enterprise.
For
purposes of
enforcement of these regulations under section
4905.83
of the
Revised
Code, any sales transaction
exceeding one
thousand
pounds shall be rebuttably presumed to be
a wholesale or
commercial sale.
Sec. 3743.07. (A) Licensed manufacturers of fireworks
shall
keep complete records of all fireworks in their inventory. (B) Licensed manufacturers of fireworks shall keep the
following records with respect to fireworks sold at wholesale or
retail for a period of three years after the date of their sale: (1) In the case of a wholesale sale, the name and address of
the
purchaser; the destination to which the fireworks
will be
transported; if applicable, the number of the purchaser's
wholesale license; the date of purchase; when the fireworks are
to
be shipped directly out of this state by a manufacturer to a
purchaser, the manner in which the fireworks were shipped to the
purchaser; and such other information as the fire marshal may
require. (2) In the case of a retail sale, the name and address of
the
purchaser; the destination to which the fireworks
will be
transported; if applicable, the number of the purchaser's
exhibitor's license and the number and political subdivision
designation of the purchaser's permit for a fireworks exhibition;
the date of
purchase; when the fireworks are shipped directly out
of this
state by a manufacturer to a purchaser, the manner in
which the
fireworks were shipped to the purchaser; and such other
information
as the fire marshal may require. (C) The seller shall require each purchaser described in
division (B) of this section to complete a purchaser's form,
which
shall be
furnished
prescribed by the fire marshal
and
furnished by
the seller. On this form the
purchaser shall include the
information described in division (B)
of this section and the
purchaser's signature. Each purchaser's
form shall
contain a
statement printed in bold letters indicating that
knowingly making
a false statement on the form is
falsification under section
2921.13 of the Revised Code and is a
misdemeanor of the first
degree. Each seller shall
keep each purchaser's form for a period
of three years after the
date of the purchase, and such forms
shall be open to inspection
by the fire marshal or the fire
marshal's designated authority. (D) A licensed manufacturer of fireworks shall keep its
wholesale sale and retail sale records in separate books. These
records and the inventory records shall be open to inspection by
the fire marshal or the fire marshal's designated authority.
Sec. 3743.08. (A) The fire marshal may inspect the
premises
of a fireworks plant, and the inventory, wholesale sale,
and
retail sale records, of a licensed manufacturer of fireworks
during the manufacturer's period of licensure to determine
whether
the manufacturer is in compliance with
sections 3743.02
to
3743.08
Chapter
3743. of the Revised Code and
the rules adopted by
the
fire
marshal pursuant to section 3743.05 of the Revised Code. (B) If the fire marshal determines during an inspection
conducted pursuant to division (A) of this section that a
manufacturer is not in compliance with
sections 3743.02 to
3743.08
Chapter
3743. of the Revised Code or the
rules adopted by the fire
marshal pursuant to section 3743.05 of the Revised Code,
he
the
fire
marshal may take one or more of the following actions,
whichever
he
the fire marshal considers appropriate under the
circumstances: (1) Order, in writing, the manufacturer to eliminate,
correct, or otherwise remedy the nonconformities within a
specified period of time; (2) Order, in writing, the manufacturer to immediately
cease
its operations, if a fire or explosion hazard exists that
reasonably can be regarded as posing an imminent danger of death
or serious physical harm to persons. The order shall be
effective
until the nonconformities are eliminated, corrected, or
otherwise
remedied or for a period of seventy-two hours from the
time of
issuance, whichever first occurs. During the seventy-two
hour
period, the fire marshal may obtain from the court of common
pleas
of Franklin county or of the county in which the fireworks
plant
is located an injunction restraining the manufacturer from
continuing its operations after the seventy-two hour period
expires until the nonconformities are eliminated, corrected, or
otherwise remedied. (3) Revoke
or deny renewal of the license
of the
manufacturer
pursuant to
in accordance with Chapter 119.
of the
Revised Code; (4) Take action as authorized by section 3743.68 of the
Revised Code. (C) This section does not affect the authority conferred
by
Chapters 3781. and 3791. of the Revised Code to conduct
inspections to determine conformity with those chapters or the
rules adopted pursuant to them. (D) If the license of a manufacturer of fireworks is
revoked
or renewal is denied pursuant to division (B)(3) of
this section
or section 3743.70 of the Revised Code, the manufacturer shall
cease its
operations immediately. The manufacturer may not
reapply for licensure as a
manufacturer of fireworks until two
years expire from the date of revocation. The fire marshal shall remove from the list of licensed
manufacturers the name of a manufacturer whose license has been
revoked, and shall notify the law enforcement authorities for the
political subdivision in which the manufacturer's fireworks plant
is located, of the revocation
or denial of renewal.
Sec. 3743.15. (A) Except as provided in division (C) of
this section, any person who wishes to be a wholesaler of
fireworks in this state shall submit to the fire marshal an
application for licensure as a wholesaler of fireworks before the
first day of
December
October of each year. The
application shall
be
submitted prior to commencement of business operations, shall
be
on a form prescribed by the fire marshal, shall contain all
information requested by the fire marshal, and shall be
accompanied by the license fee,
fingerprints, and
bond, letter of
credit,
certificate of deposit, or proof of insurance coverage
described
in division (B) of this section. The fire marshal shall prescribe a form for applications
for
licensure as a wholesaler of fireworks and make a copy of the
form
available, upon request, to persons who seek that licensure. (B) An applicant for licensure as a wholesaler of
fireworks
shall submit with the application
both
all of the
following: (1) A license fee of
one
two thousand
five
seven
hundred
fifty dollars,
which the fire marshal shall use to
pay for
fireworks safety education, training programs, and inspections; (2)
An indemnity bond, with surety satisfactory to the
fire
marshal, or a letter of credit or certificate of deposit, in
such
amounts as may be determined by the fire marshal not in
excess of
fifty thousand dollars nor less than twenty thousand
dollars,
conditioned for the payment of all final judgments that
may be
rendered against the wholesaler on account of an explosion
at its
business location, or proof of insurance coverage of at least five
hundred thousand dollars for liability arising from
an explosion
at its business location
Proof of comprehensive
general liability
insurance coverage, specifically including fire and smoke
casualty
on premises, in an amount not less than one million dollars for
each
occurrence for bodily injury liability and wrongful death
liability at its
business location. Proof of such insurance
coverage shall be submitted
together with proof of coverage for
products liability on all inventory
located at the business
location. All applicants shall submit
evidence of comprehensive
general liability insurance coverage verified by the
insurer and
certified as to its provision of the minimum coverage required
under this division. (3) One complete set of the applicant's fingerprints and
a
complete set of fingerprints of any individual holding,
owning, or
controlling a five per cent or greater beneficial or
equity
interest in the applicant for the license. (C) A licensed manufacturer of fireworks is not required
to
apply for and obtain a wholesaler of fireworks license in
order to
engage in the wholesale sale of fireworks as authorized
by
division (C)(2) of section 3743.04 of the Revised Code. A
business which is not a licensed manufacturer of fireworks may
engage in the wholesale and retail sale of fireworks in the same
manner as a licensed manufacturer of fireworks is authorized to
do
under this chapter without the necessity of applying for and
obtaining a license pursuant to this section, but only if the
business sells the fireworks on the premises of a fireworks plant
covered by a license issued under section 3743.03 of the Revised
Code and the holder of that license owns at least a majority
interest in that business. However, if a licensed manufacturer
of
fireworks wishes to engage in the wholesale sale of fireworks
in
this state at a location other than the premises of the
fireworks
plant described in its application for licensure as a
manufacturer
or in a notification submitted under division (B) of
section
3743.04 of the Revised Code, the manufacturer shall first
apply
for and obtain a wholesaler of fireworks license before
engaging
in wholesale sales of fireworks at the other location. (D) A separate application for licensure as a wholesaler
of
fireworks shall be submitted for each location at which a
person
wishes to engage in wholesale sales of fireworks.
Sec. 3743.16. (A) If a person submits an application for
licensure as a wholesaler of fireworks, together with the license
fee,
fingerprints, and
bond, letter of credit,
certificate of
deposit, or proof
of the insurance coverage, as required by
section 3743.15 of the
Revised Code, the fire marshal shall review
the application and
accompanying matter,
request the criminal
records check described in
division (D) of this section, inspect
the premises on
which the fireworks
would be sold, and determine
whether the applicant will be issued
the license. In determining
whether to issue the license, the
fire marshal shall consider the
results of the
criminal records check and
the inspection, and the
information set forth in the application, and shall decide
whether
the applicant and the premises on which the fireworks
will be sold
conform to sections 3743.15 to 3743.21 of the
Revised Code and the
rules adopted by the fire marshal pursuant
to section 3743.18 of
the Revised Code,
and are in full compliance
with Chapters 3781.
and 3791. of the Revised Code, and any applicable building or
zoning regulations. (B)
The
Subject to section 3743.70 of the Revised Code, the
fire marshal shall
issue a license
pursuant to
in accordance with
Chapter 119. of the Revised Code to the applicant for licensure
as
a wholesaler of fireworks only if the applicant and the
premises
on which the fireworks will be sold conform to sections
3743.15 to
3743.21 of the Revised Code and the rules adopted by
the fire
marshal pursuant to section 3743.18 of the Revised Code,
only if
the premises on which the fireworks will be sold complies
with the
Ohio building code adopted under Chapter 3781. of the
Revised
Code, if that premises was constructed after
May 30, 1986, and
only if the fire
marshal is satisfied that the application and
accompanying matter
are complete and in conformity with section
3743.15 of the
Revised Code. The requirements of this chapter and
of the rules
adopted under this chapter as applicable to the
structure of a
building do not apply to a building used by a
wholesaler if the
building was inspected and approved by the
department of
industrial relations or by any building department
certified
pursuant to division (E) of section 3781.10 of the
Revised Code
prior to May 30, 1986. (C) Each license issued pursuant to this section shall
contain a distinct number assigned to the particular wholesaler.
The fire marshal shall maintain a list of all licensed
wholesalers
of fireworks. In this list next to each wholesaler's
name, the
fire marshal shall insert the period of licensure and
the license
number of the particular wholesaler. (D)
Upon receipt of an application and the
required
accompanying matter under section 3743.15 of the
Revised
Code, the
fire marshal shall
forward to the superintendent of the bureau of
criminal
identification and investigation a request that the
bureau
conduct an investigation of the applicant and, if
applicable,
additional individuals who hold, own, or control a
five per cent
or greater beneficial or equity interest in the
applicant, to
determine whether the applicant or the additional
associated
individuals have been convicted of or pled guilty to a
felony
under the laws of this state, another state, or the
United
States. If the applicant for initial licensure has resided in this
state
for less than five continuous years immediately prior to the
date the applicant submits an initial application, the
superintendent
also shall request that the federal bureau of
investigation
conduct an investigation of the applicant and, if
applicable,
additional individuals who hold, own, or control a
five per cent
or greater beneficial or equity interest in the
applicant, to
determine whether the applicant or the additional
associated
individuals have been convicted of or pled guilty to a
felony
under the laws of this state, another state, or the
United
States. The superintendent shall forward the results of an
investigation conducted pursuant to this division to the fire
marshal and may charge a reasonable fee for providing the
results.
The fire marshal shall assess any fee charged by the
superintendent for the results to the applicant.
Sec. 3743.17. (A) The license of a wholesaler of
fireworks
is effective for one year beginning on the first day of
December.
The fire marshal shall issue
or renew a license only on that
date
and at no other time. If a wholesaler of fireworks wishes
to
continue engaging in the wholesale sale of fireworks at the
particular location after its then effective license expires, it
shall apply
not later than the first day of October for a new
license pursuant to section 3743.15 of the
Revised Code. The fire
marshal shall send a written notice of
the expiration of its
license to a licensed wholesaler at least
two
three months before
the expiration date. (B) If, during the effective period of its licensure, a
licensed wholesaler of fireworks wishes to perform any
construction, or make any structural change or renovation, on the
premises on which the fireworks are sold, the wholesaler shall
notify the fire marshal in writing. The fire marshal may require
a licensed wholesaler also to submit documentation, including,
but
not limited to, plans covering the proposed construction or
structural change or renovation, if the fire marshal determines
the documentation is necessary for evaluation purposes in light
of
the proposed construction or structural change or renovation. Upon receipt of the notification and additional
documentation
required by the fire marshal, the fire marshal
shall inspect the
premises on which the fireworks are sold to
determine if the
proposed construction or structural change or
renovation conforms
to sections 3743.15 to 3743.21 of the Revised
Code and the rules
adopted by the fire marshal pursuant to
section 3743.18 of the
Revised Code. The fire marshal shall
issue a written
authorization to the wholesaler for the
construction or structural
change or renovation if
he
the fire
marshal determines, upon the
inspection and a review of submitted
documentation, that the
construction or structural change or renovation
conforms to those
sections and rules. (C) The license of a wholesaler of fireworks authorizes
the
wholesaler to engage only in the following activities: (1) Possess for sale at wholesale and sell at wholesale
fireworks to persons who are licensed wholesalers of fireworks,
to
out-of-state residents in accordance with section 3743.44 of
the
Revised Code, to residents of this state in accordance with
section 3743.45 of the Revised Code, or to persons located in
another state provided the fireworks are shipped directly out of
this state to them by the wholesaler. The possession for sale
shall be at the location described in the application for
licensure or in the notification submitted under division (B) of
this section, and the sale shall be from
that location
the inside
of
a licensed building and from no structure or device outside a
licensed
building. At no time shall a licensed wholesaler sell
any class of fireworks
outside a licensed building. (2) Possess for sale at retail and sell at retail
fireworks,
other than
Class C
1.4G fireworks
as designated by the fire
marshal in rules adopted pursuant to division (A) of
section
3743.05 of the Revised Code, to licensed exhibitors in accordance
with sections 3743.50 to 3743.55 of the Revised Code, and possess
for sale at retail and sell at retail fireworks, including
such
Class C
1.4G fireworks, to out-of-state residents in accordance
with
section 3743.44 of the Revised Code, to residents of this
state
in accordance with section 3743.45 of the Revised Code, or
to
persons located in another state provided the fireworks are
shipped directly out of this state to them by the wholesaler.
The
possession for sale shall be at the location described in the
application for licensure or in the notification submitted under
division (B) of this section, and the sale shall be from
that
location
the inside of the licensed building and from no other
structure or device outside this licensed building. At no time
shall a
licensed wholesaler sell any class of fireworks outside a
licensed building. A licensed wholesaler of fireworks shall sell
under division
(C) of this section only fireworks that meet the standards set by
the consumer product safety commission or by the American
fireworks
standard laboratories or that have received an EX number
from the
United States department of transportation. (D)(1) The license of a wholesaler of fireworks shall be
protected under glass and posted in a conspicuous place at the
location described in the application for licensure or in the
notification submitted under division (B) of this section.
Except
as otherwise provided in this division, the license is not
transferable or assignable. A license may be transferred to
another person for the same location for which the license was
issued if the assets of the wholesaler are transferred to that
person by inheritance or by a sale approved by the fire marshal.
The license is subject to revocation in accordance with section
3743.21 of the Revised Code. (2)
Upon application by a licensed wholesaler of fireworks, a
wholesaler
license may be transferred from one geographic location
to another within the
same municipal corporation or within the
unincorporated area of the same
township, but only if all of the
following apply: (a) The identity of the holder of the license remains the
same in
the
new location. (b) The former location is closed prior to the opening of
the
new
location and no fireworks business of any kind is
conducted at
the former
location after the transfer of the
license.
(c) The new location has received a local certificate of
zoning
compliance and a local certificate of occupancy, and
otherwise is in
compliance
with all local building regulations. (d) The transfer of the license is requested by the licensee
because the
existing facility poses an immediate hazard to the
public. (e) Any building at the new location is situated no closer
than
one
thousand feet to any property line or structure that does
not belong to the
licensee requesting the transfer, no closer than
three hundred feet to any
highway or railroad, no closer than one
hundred feet to any building used for
the storage of explosives or
fireworks by the licensee, no closer than fifty
feet to any
factory building owned or used by the licensee, and no closer than
two thousand feet to any building used for the sale, storage, or
manufacturing
of fireworks that does not belong to the licensee.
If the licensee fails to
comply with the requirements of division
(D)(2)(e) of this section by the licensee's own
act, the license
at the new location is
forfeited.
(f) Neither the licensee nor any person holding, owning, or
controlling
a five per cent or greater beneficial or equity
interest in the licensee has
been convicted of or has pleaded
guilty to a felony under the laws of this
state, any other state,
or the United
States after the effective date of this amendment.
(g) The fire marshal approves the request for the transfer.
The new location shall
comply with the requirements specified
in
divisions (A)(1) and (2) of section 3743.25 of
the Revised
Code
whether or not the fireworks showroom at
the new location is
constructed, expanded, or first begins operating on and
after the
effective date of this amendment.
(E) The fire marshal shall not place the license of a
wholesaler
of fireworks in temporarily inactive status while the
holder of the license is
attempting to
qualify to retain the
license.
(F) Each licensed wholesaler of fireworks or a designee of
the
wholesaler, whose identity is provided to the fire marshal by
the wholesaler,
annually shall attend a continuing education
program consisting of not less
than eight hours of instruction.
The fire marshal shall develop the program
and the fire marshal or
a person or public agency approved by the fire marshal
shall
conduct it. A licensed wholesaler or the wholesaler's designee
who
attends a program as required under this division, within one
year after
attending the program, shall conduct
in-service
training for other employees of the licensed wholesaler regarding
the
information obtained in the program. A licensed wholesaler
shall provide the
fire
marshal with notice of the date, time, and
place of all in-service training
not
less than thirty days prior
to an in-service training
event.
(G) A licensed
wholesaler shall maintain comprehensive
general liability
insurance coverage in the amount and type
specified under
division (B)(2) of section
3743.15 of the Revised
Code at all times. Each policy
of insurance required under this
division shall contain a
provision requiring the insurer to give
not less than fifteen
days' prior written notice to the fire
marshal before
termination, lapse, or cancellation of the policy,
or any change
in the policy that reduces the coverage below the
minimum
required under this division. Prior to canceling or
reducing
the amount of coverage of any comprehensive general
liability
insurance coverage required under this division, a
licensed
wholesaler shall secure supplemental insurance in an
amount and
type that satisfies the requirements of this division
so that no
lapse in coverage occurs at any time. A licensed
wholesaler who
secures supplemental insurance shall file evidence
of the
supplemental insurance with the fire marshal prior to
canceling
or reducing the amount of coverage of any comprehensive
general
liability insurance coverage required under this
division.
Sec. 3743.18. The fire marshal shall adopt rules pursuant
to
Chapter 119. of the Revised Code governing the storage of
fireworks by and the business operations of licensed wholesalers
of fireworks. These rules shall be designed to promote the
safety
and security of employees of wholesalers, members of the
public,
and the premises upon which fireworks are sold. The rules shall be consistent with sections 3743.15 to
3743.21 of the Revised Code, shall be
limited
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: (A) Cleanliness and orderliness in, the heating, lighting,
and use of stoves and flame-producing items in, smoking in, the
prevention of fire and explosion in, the availability of fire
extinguishers or other fire-fighting equipment and their use in,
and emergency procedures relative to the buildings and other
structures on a wholesaler's premises. (B) Appropriate uniforms to be worn by employees of
wholesalers in the course of handling and storing of fireworks,
and the use of protective clothing and equipment by the
employees. (C) The manner in which fireworks are to be stored.
Sec. 3743.19. In addition to conforming to the rules of
the
fire marshal adopted pursuant to section 3743.18 of the
Revised
Code, licensed wholesalers of fireworks shall conduct
their
business operations in accordance with the following: (A) A wholesaler shall conduct its business operations
from
the location described in its application for licensure or
in a
notification submitted under division (B) of section 3743.17
of
the Revised Code. (B) Signs indicating that smoking is generally forbidden
and
trespassing is prohibited on the premises of a wholesaler
shall be
posted on the premises as determined by the fire
marshal. (C) Reasonable precautions shall be taken to protect the
premises of a wholesaler from trespass, loss, theft, or
destruction. (D) Smoking or the carrying of
lighted pipes, cigarettes,
or
cigars, matches, lighters, other flame-producing items, or
open
flame on,
or the carrying of a concealed source of ignition
into,
the premises of a wholesaler is prohibited, except that a
wholesaler may permit smoking in specified lunchrooms or
restrooms
in buildings or other structures in which no
sales,
handling, or
storage of fireworks takes place. "NO SMOKING"
signs shall be
posted on the premises as required by the fire marshal. (E) Fire and explosion prevention and other reasonable
safety measures and precautions shall be implemented by a
wholesaler. (F) Persons shall not be permitted to have in their
possession or under their control, while they are on the premises
of a wholesaler, any intoxicating liquor, beer, or controlled
substance, and they shall not be permitted to enter or remain on
the premises if they are found to be under the influence of any
intoxicating liquor, beer, or controlled substance. (G) A wholesaler shall conform to all building, safety,
and
zoning statutes, ordinances, rules, or other enactments that
apply
to its premises. (H) No building used in the storage or sale of fireworks
shall be situated nearer than one thousand feet to any structure
that is not located on the property of and that does not belong
to
the licensed fireworks wholesaler, nearer than three hundred
feet
to any highway or railroad, or nearer than one hundred feet
to any
building used for the storage of explosives or fireworks.
This
division does not apply to buildings that were erected on or
before May 30, 1986, and that were legally being used for
fireworks activities under authority of a valid license issued by
the fire marshal as of December 1, 1990, pursuant to sections
3743.16 and 3743.17 of the Revised Code. (I) Each building used in the
storage or sale of fireworks
shall be kept open to the public for at least four hours each day
between the hours of eight a.m. and five p.m., five days of each
week, every week of the year. Upon application from a licensed
wholesaler, the fire marshal may waive any of the requirements of
this division. (J)
Awnings, tents, or canopies shall not be used as
facilities
for the storage or sale of fireworks. This division
does not prohibit the use
of an awning or
canopy attached to a
public access showroom for storing
nonflammable shopping
convenience items such as shopping carts
or baskets or providing a
shaded area for patrons waiting to
enter the public sales area.
(K) Fireworks may be
stored in trailers if the trailers are
properly enclosed, secured, and
grounded and are
separated from
any structure to which the public is admitted
by a distance that
will, in the fire marshal's judgment, allow fire-fighting
equipment to have full access to the structures
on the licensed
premises. Such
trailers may be moved into closer proximity to any
structure only to
accept or discharge cargo for a period not to
exceed forty-eight hours. Only
two such trailers may be placed in
such closer proximity at any one time.
At no time may trailers be
used for conducting sales of any class of
fireworks nor may
members of the public have access to the trailers. Storage areas for fireworks that are in the same building
where fireworks
are
displayed and sold to the public shall be
separated from the areas to which
the public has access by an
appropriately rated fire wall.
(L) A fire suppression system as defined in section
3781.108
of the Revised Code
may be turned off only for repair,
drainage of
the system to prevent damage by
freezing during the
period of
time, approved by the fire marshal under
division (I) of
this
section, that the facility is closed to public
access during
winter months, or maintenance of the system. If any
repair or
maintenance is necessary during times when the facility is open
for
public access and business, the licensed
wholesaler shall
notify in advance the appropriate insurance company and fire
chief
or fire prevention officer regarding the nature of the maintenance
or
repair and the time when it will be performed.
(M) If any fireworks item is removed from its
original
package or is manufactured with any fuse other than a fuse
approved
by the consumer product safety commission, then the
item
shall be covered completely by repackaging or bagging or it shall
otherwise be covered so as to prevent ignition prior to sale.
(N) A safety officer
shall be present during regular
business
hours at a building
open to the public during the period
commencing fourteen days
before,
and ending two days after, each
fourth day of
July. The officer
shall be highly visible, enforce
this chapter and any applicable
building codes to the extent the
officer is authorized by law,
and be one of the following:
(2) A law enforcement officer of a municipal corporation,
township, or township or joint township police district;
(3) A private uniformed security guard registered under
section 4749.06 of the Revised
Code.
(O) All doors of all
buildings on the licensed premises
shall
swing outward.
(P) All wholesale and
commercial sales of fireworks shall
be
packaged, shipped,
placarded, and transported in accordance
with
United
States department of
transportation regulations
applicable
to the transportation, and
the offering for
transportation, of
hazardous materials. For
purposes of this
division, "wholesale
and commercial sales"
includes all sales for
resale and any
nonretail sale made in
furtherance of a commercial
enterprise.
For purposes of
enforcement of these regulations under
section
4905.83 of the
Revised
Code, any sales transaction
exceeding one
thousand pounds shall be rebuttably presumed to be
a
wholesale or
commercial sale.
Sec. 3743.20. (A) Licensed wholesalers of fireworks shall
keep complete records of all fireworks in their inventory. (B) Licensed wholesalers of fireworks shall keep the
following records with respect to fireworks sold at wholesale or
retail for a period of three years after the date of their sale: (1) In the case of a wholesale sale, the name and address of
the
purchaser; the destination to which the fireworks
will be
transported; if applicable, the number of the purchaser's
wholesale license; the date of the purchase; when the fireworks
are to be shipped directly out of this state by a wholesaler to a
purchaser, the manner in which the fireworks were shipped to the
purchaser;
and such other information as the fire marshal may
require; (2) In the case of a retail sale, the name and address of
the
purchaser; the destination to which the fireworks
will be
transported; if applicable, the number of the purchaser's
exhibitor's license and the number and political subdivision
designation of the purchaser's permit for a fireworks exhibition;
the date of purchase; when the fireworks are shipped directly out
of this
state by a wholesaler to a purchaser, the manner in which
the
fireworks were shipped to the purchaser; and such other
information
as the fire marshal may require. (C) The seller shall require each purchaser described in
division (B) of this section to complete a purchaser's form,
which
shall be
furnished
prescribed by the fire marshal
and
furnished by
the seller. On this form the
purchaser shall include the
information described in division (B)
of this section and the
purchaser's signature. Each purchaser's
form shall contain a
statement printed in bold letters indicating that
knowingly making
a false statement on the form is
falsification under section
2921.13 of the Revised Code and is a
misdemeanor of the first
degree. Each seller shall
keep each purchaser's form for a period
of three years after the
date of the purchase, and such forms
shall be open to inspection
by the fire marshal or the fire
marshal's designated authority. (D) A licensed wholesaler of fireworks shall keep its
wholesale sale and retail sale records in separate books. These
records and the inventory records shall be open to inspection by
the fire marshal or the fire marshal's designated authority.
Sec. 3743.21. (A) The fire marshal may inspect the
premises, and the inventory, wholesale sale, and retail sale
records, of a licensed wholesaler of fireworks during the
wholesaler's period of licensure to determine whether the
wholesaler is in compliance with
sections 3743.15 to 3743.21
Chapter
3743. of the Revised Code and the rules
adopted by the
fire marshal
pursuant to section 3743.18 of the Revised Code. (B) If the fire marshal determines during an inspection
conducted pursuant to division (A) of this section that a
wholesaler is not in compliance with
sections 3743.15 to 3743.21
Chapter
3743. of the Revised Code or the rules
adopted by the fire
marshal
pursuant to section 3743.18 of the Revised Code,
he
the
fire
marshal may take one
or more of the following actions,
whichever
he
the fire marshal
considers appropriate under the
circumstances: (1) Order, in writing, the wholesaler to eliminate,
correct,
or otherwise remedy the nonconformities within a
specified period
of time; (2) Order, in writing, the wholesaler to immediately cease
its operations, if a fire or explosion hazard exists that
reasonably can be regarded as posing an imminent danger of death
or serious physical harm to persons. The order shall be
effective
until the nonconformities are eliminated, corrected, or
otherwise
remedied or for a period of seventy-two hours from the
time of
issuance, whichever first occurs. During the seventy-two
hour
period, the fire marshal may obtain from the court of common
pleas
of Franklin county or of the county in which the premises
of the
wholesaler are located an injunction restraining the
wholesaler
from continuing its operations after the seventy-two
hour period
expires until the nonconformities are eliminated,
corrected, or
otherwise remedied. (3) Revoke,
or deny renewal of, the license
of the
wholesaler
pursuant to
in accordance with Chapter 119. of
the
Revised Code; (4) Take action as authorized by section 3743.68 of the
Revised Code. (C) This section does not affect the authority conferred
by
Chapters 3781. and 3791. of the Revised Code to conduct
inspections to determine conformity with those chapters or the
rules adopted pursuant to them. (D) If the license of a wholesaler of fireworks is revoked
or renewal is denied
pursuant to division (B)(3) of this section
or section 3743.70 of the Revised Code,
the wholesaler shall cease
its operations immediately. The wholesaler may not
reapply for
licensure as a wholesaler of fireworks until two years expire
from
the date of revocation. The fire marshal shall remove from the list of licensed
wholesalers the name of a wholesaler whose license has been
revoked
or renewal denied, and shall notify the law enforcement
authorities for the
political subdivision in which the
wholesaler's premises are
located, of the revocation
or denial of
renewal.
Sec. 3743.25. (A) A licensed manufacturer, wholesaler, or
exhibitor shall bring fireworks showroom
structures, to which the
public
may have any access and in which employees are required to
work, on all
licensed
premises, into compliance with the following
safety requirements: (1) A fireworks showroom that is constructed or upon which
expansion is
undertaken on and
after the effective date of
this
section, shall be equipped with interlinked fire detection, fire
suppression,
smoke exhaust, and smoke evacuation systems that are
approved by the
superintendent of the division of
industrial
compliance in the department of commerce.
(2) A fireworks showroom that first begins to operate on or
after the
effective
date of this section and to which the public
has access for retail
purposes shall not exceed five thousand
square feet in floor area. (3) A fireworks
showroom structure that
exists on the
effective date of this section
but that, on or after the effective
date of this section,
is altered or added to in a manner requiring
the submission of
plans, drawings, specifications, or data
pursuant to section
3791.04 of the Revised
Code, shall comply with
a graphic floor plan layout that is approved by the fire marshal
and
superintendent of the division of industrial compliance
showing width of
aisles, parallel arrangement of aisles to exits,
number of exits per wall,
maximum occupancy load, evacuation plan
for occupants, height of storage or
display of merchandise, and
other information as may be required by the
fire marshal and
superintendent.
(4)(a) Except as provided in division
(A)(4)(b) of this
section, a fireworks showroom structure
that exists on the
effective date of this section shall be retrofitted on or
before
June 1, 1998, with interlinked fire detection, smoke exhaust,
and
smoke evacuation systems that
are approved by the superintendent
of the division of industrial compliance.
(b) If meeting the retrofitting requirements set forth in
division
(A)(4)(a) of this section would constitute an extreme
financial
hardship that would force a licensee to terminate
business operations,
the licensee shall conduct sales only on the
basis of
de-fused representative samples in closed and covered
displays within the
fireworks showroom.
(5) A fireworks showroom structure that exists on the
effective date of this section shall be in compliance on or
before
June 1, 1998, with floor
plans showing occupancy load limits and
internal circulation and
egress patterns that are approved by the
fire marshal and
superintendent of industrial compliance, and that
are submitted
under seal as required by section 3791.04 of the
Revised
Code.
(B) The safety requirements established in
division (A) of
this section are not subject to any variance, waiver,
or exclusion
pursuant to this chapter or any applicable building code.
Sec. 3743.40. (A) Any person who resides in another state
and who intends to ship fireworks into this state shall submit to
the fire marshal an application for a shipping permit. As used
in
this section, "fireworks" includes only
class B
1.3G and
class C
1.4G fireworks. The application shall be submitted
prior to
shipping
fireworks into this state, shall be on a form prescribed
by the
fire marshal, shall contain the information required by
division
(B) of this section and all information requested by the
fire
marshal, and shall be accompanied by the fee and the
documentation described in division (C) of this section. The fire marshal shall prescribe a form for applications
for
shipping permits and make a copy of the form available, upon
request, to persons who seek such a permit. (B) In an application for a shipping permit, the applicant
shall specify the types of fireworks to be shipped into this
state. (C) An application for a shipping permit shall be
accompanied by a fee of
one
two thousand
five
seven hundred
fifty
dollars. An application for a shipping permit shall be accompanied
by
a certified copy of the applicant's license or permit issued
in
his
the applicant's state of residence and authorizing
him
the
applicant to engage in the
manufacture, wholesale sale, or
transportation of fireworks in
that state, if that state issues
such a license or permit, and by
a statement by the applicant that
he
the applicant understands
and will abide
by rules adopted by
the fire marshal pursuant to section 3743.58
of the Revised Code
for transporting fireworks. (D) Except as otherwise provided in this division,
and
subject to section
3743.70 of the Revised Code, the
fire marshal
shall issue a shipping permit to an applicant only if the fire
marshal determines that the
applicant is a resident
of another
state and is the holder of a license or permit issued
by that
state authorizing it to engage in the manufacture,
wholesale sale,
or transportation of fireworks in that state, and
the fire marshal
is satisfied that the application and
documentation are complete
and in conformity with this section
and that the applicant will
transport fireworks into this state
in accordance with rules
adopted by the fire marshal pursuant to
section 3743.58 of the
Revised Code. The fire marshal shall
issue a shipping permit to
an applicant if the applicant meets
all of the requirements of
this section for the issuance of a
shipping permit except that the
applicant does not hold a license
or permit issued by the state of
residence authorizing the
applicant to engage in the manufacture,
wholesale sale, or
transportation of fireworks in that state
because that state does
not issue such a license or permit. (E) Each permit issued pursuant to this section shall
contain a distinct number assigned to the particular permit
holder, and contain the information described in division (B) of
this section. The fire marshal shall maintain a list of all persons
issued
shipping permits. In this list next to each person's
name, the
fire marshal shall insert the date upon which the
permit was
issued and the information described in division (B)
of this
section. (F) A shipping permit is valid for one year from the date
of issuance by the fire marshal and only if the permit holder
ships the fireworks directly into this state to the holder of a
license issued under section 3743.03 or 3743.16 of the Revised
Code. The permit authorizes the permit holder to ship fireworks
directly to the holder of a license issued under section 3743.03
or 3743.16 of the Revised Code, and to possess the fireworks in
this state while the permit holder is in the course of shipping
them directly into this state. The holder of a shipping permit shall have the permit in
his
the holder's possession in this state at all times while in
the
course of shipping the fireworks directly into this state. A
shipping
permit is not transferable or assignable.
Sec. 3743.44. (A) Any person who resides in another state
and who intends to obtain possession in this state of fireworks
purchased in this state shall obtain possession of the fireworks
only from a licensed manufacturer or licensed wholesaler and only
possess the fireworks in this state while in the course of
directly transporting them out of this state. No licensed
manufacturer or licensed wholesaler shall sell
Class B
1.3G
fireworks to a person who resides in another state unless that
person
has been issued a license or permit in the
state of the
person's residence that authorizes the
person to engage in the
manufacture, wholesale sale, or retail sale of
Class B
1.3G
fireworks or that authorizes the person to conduct
Class B
1.3G
fireworks exhibitions in
that state and that person presents a
certified copy of the license. No
licensed manufacturer or
licensed wholesaler
shall sell fireworks to a person who resides
in another state
unless that person has been issued a license or
permit in the state of the person's residence that authorizes the
person to
engage in the manufacture, wholesale sale, or retail
sale of
fireworks in that state or that authorizes the person to
conduct fireworks
exhibitions in that state and that person
presents a certified copy of the
license, or, if that person does
not possess
a license or permit of that nature, only if the person
presents
a current valid motor vehicle operator's license issued
to the person in the
person's state of residence, or, if that
person does not possess a motor
vehicle operator's license issued
in that state, an identification card issued
to the person by a
governmental agency in the person's state of residence
indicating
that the person is a resident of that state. If a person who is
required to
present a motor vehicle operator's license or other
identification card intends to transport the fireworks purchased
directly out of this state by a motor vehicle and the person will
not also be the operator of that motor vehicle while so
transporting the fireworks, the operator of the motor vehicle
also
shall present the operator's motor vehicle operator's license. (B) A licensed manufacturer or licensed wholesaler selling
fireworks under this section shall require the purchaser to
complete a purchaser's form. The
state fire marshal shall
prescribe the form, and the licensed manufacturer or licensed
wholesaler
shall furnish the
form.
On this form the purchaser
shall
include the purchaser's name and address; the date of the
purchase; the
destination to which the fireworks will be
transported; the number of the
purchaser's
license or permit
authorizing the purchaser to manufacture, sell at
wholesale, or
sell at retail fireworks or to conduct fireworks
exhibitions, or
the number of the purchaser's motor vehicle operator's
license or
other identification card, as applicable; such other
information
as the fire marshal may require; and the purchaser's
signature.
Each purchaser's form shall contain a statement
printed in bold
letters indicating that knowingly making a false
statement on the
form is falsification under section
2921.13 of the Revised Code
and is a misdemeanor of the first
degree. Each licensed manufacturer and licensed wholesaler shall
keep
each purchaser's form for a period of three years after the
date
of the purchase, and such forms shall be open to inspection
by the
fire marshal or the fire marshal's designated authority. (C) Each purchaser of fireworks under this section shall
transport the fireworks so purchased directly out of this state
within seventy-two hours after the time of their purchase. This section regulates wholesale sales and retail sales of
fireworks in this state only insofar as purchasers of fireworks
are residents of other states and will be obtaining possession in
this state of purchased fireworks. This section does not
prohibit
licensed manufacturers or wholesalers from selling
fireworks, in
accordance with section 3743.04 or 3743.17 of the
Revised Code, to
a resident of another state and from shipping
the purchased
fireworks directly out of this state to the
purchaser.
Sec. 3743.45. (A) Any person who resides in this state
and
who intends to obtain possession in this state of
Class C
1.4G
fireworks purchased in this state shall obtain possession of the
Class C
1.4G fireworks only from a licensed manufacturer or
licensed wholesaler. A licensed manufacturer or licensed wholesaler selling
Class
C
1.4G fireworks under this division shall require the purchaser
to complete a purchaser's form, which shall be
furnished
prescribed by the
state fire marshal
and furnished by the licensed
manufacturer or licensed
wholesaler. On this form the purchaser
shall include the purchaser's
name and address;, the date of the
purchase;, the
destination
to which the fireworks will be
transported;, such other
information
as the fire marshal may
require;, and the purchaser's signature.
Each purchaser's form
shall contain a statement printed in bold
letters indicating that
knowingly making a false statement on the
form is falsification
under section 2921.13 of the Revised Code and
is a misdemeanor of
the first degree. Each licensed manufacturer and licensed wholesaler shall
keep
each purchaser's form for a period of three years after the
date
of the purchase, and such forms shall be open to inspection
by the
fire marshal or the fire marshal's designated authority. Each purchaser of
Class C
1.4G fireworks under this division
shall transport the fireworks so purchased directly out of this
state within forty-eight hours after the time of their purchase. This division does not apply to a person who resides in
this
state and who is also a licensed manufacturer, licensed
wholesaler, or licensed exhibitor of fireworks in this state. (B) No licensed manufacturer or licensed wholesaler shall
sell
Class B
1.3G fireworks to a person who resides in this
state
unless that person is a licensed manufacturer, licensed
wholesaler, or
licensed exhibitor of fireworks in this state.
Sec. 3743.50. Any person who wishes to be an exhibitor of
fireworks in this state shall submit to the fire marshal an
application for licensure as an exhibitor of fireworks. Except
as
otherwise provided in this section, the application shall be
on a
form prescribed by the fire marshal,
shall contain all
information
requested by the fire marshal, and
shall be
accompanied by a fee
of
one hundred fifty dollars,
except
that the application of an
applicant who is employed by a licensed
manufacturer or wholesaler
of fireworks shall be accompanied by a fee of fifty
dollars.
The
fire marshal
may
issue a temporary exhibitor's license to conduct
a public
fireworks exhibition on only one date to an otherwise
qualified
applicant for a fee of ten dollars. The temporary
exhibitor's
license authorizes the person to whom it is issued to
conduct a
public fireworks exhibition only on the date for which
it is
issued. The fire marshal shall prescribe a form for
applications
for licensure as an exhibitor of fireworks and make a
copy of the
form available, upon request, to persons who seek that
licensure.
An applicant for licensure as an exhibitor of fireworks
shall be
at least twenty-one years of age
and be in compliance
with
Chapter 4123. of the Revised Code.
Sec. 3743.51. (A) If a person submits an application for
licensure as an exhibitor of fireworks, together with the fee, as
required by section 3743.50 of the Revised Code, the fire marshal
shall review the application and determine whether the applicant
satisfies sections 3743.50 to 3743.55 of the Revised Code and the
rules adopted by the fire marshal pursuant to division (A) of
section 3743.53 of the Revised Code. (B)
The
Subject to section 3743.70 of the Revised Code, the
fire marshal shall
issue a license
pursuant to
in accordance with
Chapter 119. of the Revised Code to the applicant for licensure
as
an exhibitor of fireworks only if the applicant satisfies
sections
3743.50 to 3743.55 of the Revised Code and the rules
adopted by
the fire marshal pursuant to division (A) of section
3743.53 of
the Revised Code, and only if the fire marshal is
satisfied that
the application is complete and in conformity with
section 3743.50
of the Revised Code. (C) Each license issued pursuant to this section shall
contain a distinct number assigned to the particular exhibitor.
The fire marshal shall maintain a list of all licensed exhibitors
of fireworks. In this list next to each exhibitor's name, the
fire marshal shall insert the period of licensure and the license
number of the particular exhibitor.
Sec. 3743.52. (A) The license of an exhibitor of
fireworks,
except for a temporary license, is effective for one
year from the
date of its issuance by the fire marshal. If an
exhibitor of
fireworks wishes to continue as an exhibitor after
its then
effective license expires, it shall apply for a new
license
pursuant to section 3743.50 of the Revised Code. The
fire marshal
shall send a written notice of the expiration of its
license to a
licensed exhibitor, except for a licensed exhibitor
who has been
issued a temporary license, at least two months
before the
expiration date. (B) The license of an exhibitor of fireworks authorizes
the
exhibitor to conduct public fireworks exhibitions in this
state if
it complies with sections 3743.50 to 3743.55 of the
Revised Code
and with the rules adopted by the fire marshal
pursuant to section
3743.53 of the Revised Code. The license is not transferable or assignable, and is
subject
to revocation
as provided in section 3743.70 of the Revised Code
or pursuant
to Chapter 119. of the Revised
Code if the exhibitor
fails to comply with sections 3743.50 to
3743.55 of the Revised
Code or the rules adopted by the fire
marshal pursuant to section
3743.53 of the Revised Code. If the license of an exhibitor is revoked, the exhibitor
shall cease conducting public fireworks exhibitions immediately.
The exhibitor may not reapply for licensure as an exhibitor of
fireworks until two years expire from the date of revocation.
The
fire marshal shall remove from the list of licensed
exhibitors the
exhibitor's name, and shall notify fire chiefs,
fire prevention
officers, and police chiefs in this state of the
revocation. (C)
Each licensed exhibitor of fireworks
or a designee of the
exhibitor, whose identity is provided to the fire marshal
by the
exhibitor, shall attend a continuing education program consisting
of
not less than six
hours of instruction once every three
years.
The fire marshal shall develop the program and the fire marshal
or
a person or public agency approved by the fire
marshal shall
conduct it. A licensed exhibitor or the exhibitor's designee
who
attends a program as required under this division, within one year
after
attending the program, and on an annual basis during the
following two years,
shall conduct in-service training for other
employees of the licensee
regarding the
information obtained in
the program. A licensed exhibitor
shall provide the fire marshal
with certified proof of full compliance with
all applicable annual
training requirements of the United
States
department of
transportation and of the occupational safety and health
administration. A licensed exhibitor shall provide the fire
marshal
with notice of the date, time, and place of all in-service
training not less
than thirty days prior to an in-service training
event. An individual
exhibitor who has no employees shall not
fulfill continuing education
requirements through a designee.
Sec. 3743.53. (A) The fire marshal shall adopt rules
pursuant to
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
pursuant to
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, be
limited
substantially equivalent
to the most recent
versions of chapters 1123, 1124, and 1126 of
the most
recent national fire protection association standards,
and 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; (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. 3743.54. (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,
Class C
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 and issuing it to a licensed
exhibitor of fireworks, a fire chief or fire prevention officer
and 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
his
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
his approval to conduct a public fireworks
exhibition only if
he is 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 (B) 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 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
hundred thousand
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
hundred
thousand
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,
together with a designation of
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
he receives
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,
his
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. 3743.56. Each fireworks exhibitor licensed under
section 3743.51 of the Revised Code
shall register with the fire
marshal all employees who assist the
licensed exhibitor in
conducting
fireworks exhibitions. The fire marshal shall maintain
a
record of each licensed exhibitor and registered employee and
make it
available, upon
request, to any law enforcement agency.
The fire marshal shall adopt rules
that establish appropriate fees
for the registration of employees of a
licensed exhibitor. A
licensed exhibitor shall file an
application to register a new
employee
not later than seven days after the date
on which the
employee is hired.
Sec. 3743.58. The fire marshal shall adopt rules governing
the transportation
of fireworks on the highways of this state.
These rules shall be
substantially equivalent to regulations of
the United States department of
transportation governing the
transportation of fireworks,
and to the
fireworks transportation
provisions of the most recent versions of chapters
1123, 1124, and
1126 of the most recent national fire protection association
standards. Fireworks shall be
transported on the highways of this
state only in accordance with such rules.
Such rules shall not
require that shipments of fireworks required by this
Chapter to be
made directly out of state be made solely by common carriers
licensed by the federal government. No requirements of this
Chapter that
fireworks be shipped or transported directly out of
this state require that
these shipments be made personally by the
seller or solely by common carriers
licensed by the federal
government.
Sec. 3743.59.
(A) Upon application by an affected party,
the
state fire marshal may grant variances from the requirements
of
this chapter or from the requirements of rules adopted pursuant
to this chapter if
he
the fire marshal determines that a literal
enforcement of
the requirement will result in unnecessary hardship
and that the
variance will not be contrary to the public health,
safety, or
welfare. A variance shall not be granted to a person
who is
initially licensed as a manufacturer or wholesaler of
fireworks
after
the effective date of this amendment
June
14,
1988. (B) The fire marshal may
authorize a variance from the
prohibitions in this chapter
against the possession and use of
pyrotechnic compounds to a
person who submits proof that the
person is certified and in
good standing with the Ohio
state board
of education, provided that the pyrotechnic
compounds are used for
educational purposes only, or are used
only at an authorized
educational function approved by the
governing board that
exercises authority over the educational
function.
(C) The fire marshal may
authorize a variance from the
prohibitions in this chapter
against the possession and use of
pyrotechnic compounds to a
person who possesses and uses the
pyrotechnic compounds for
personal and noncommercial purposes as a
hobby. The fire
marshal may rescind a variance authorized under
this division at
any time, exclusively at the fire marshal's
discretion.
Sec. 3743.60. (A) No person shall manufacture fireworks
in
this state unless it is a licensed manufacturer of fireworks,
and
no person shall operate a fireworks plant in this state
unless it
has been issued a license as a manufacturer of
fireworks for the
particular fireworks plant. (B) No person shall operate a fireworks plant in this
state
after its license as a manufacturer of fireworks for the
particular fireworks plant has expired,
been denied
renewal, or
been revoked, unless a
new license has been obtained. (C) No licensed manufacturer of fireworks, during the
effective period of its licensure, shall construct, locate, or
relocate any buildings or other structures on the premises of its
fireworks plant, make any structural change or renovation in any
building or other structure on the premises of its fireworks
plant, or change the nature of its manufacturing of fireworks so
as to include the processing of fireworks without first obtaining
a written authorization from the fire marshal pursuant to
division
(B) of section 3743.04 of the Revised Code. (D) No licensed manufacturer of fireworks shall
manufacture
fireworks, possess fireworks for sale at wholesale or
retail, or
sell fireworks at wholesale or retail, in a manner not
authorized
by division (C) of section 3743.04 of the Revised
Code. (E) No licensed manufacturer of fireworks shall knowingly
fail to comply with the rules adopted by the fire marshal
pursuant
to section 3743.05 of the Revised Code or the
requirements of
section 3743.06 of the Revised Code. (F) No licensed manufacturer of fireworks shall fail to
maintain complete inventory, wholesale sale, and retail records
as
required by section 3743.07 of the Revised Code, or to permit
inspection of these records or the premises of a fireworks plant
pursuant to section 3743.08 of the Revised Code. (G) No licensed manufacturer of fireworks shall fail to
comply with an order of the fire marshal issued pursuant to
division (B)(1) of section 3743.08 of the Revised Code, within
the
specified period of time. (H) No licensed manufacturer of fireworks shall fail to
comply with an order of the fire marshal issued pursuant to
division (B)(2) of section 3743.08 of the Revised Code until the
nonconformities are eliminated, corrected, or otherwise remedied
or the seventy-two hour period specified in that division has
expired, whichever first occurs. (I) No person shall smoke or shall carry a
lighted pipe,
cigarette, or cigar, or a match, lighter, other flame-producing
item, or open flame on,
or shall carry a concealed source of
ignition
into, the premises of a fireworks plant, except as
smoking is
authorized in specified lunchrooms or restrooms by a
manufacturer pursuant to
division (C) of section 3743.06 of the
Revised Code. (J) No person shall have
in his possession or
under his
control
of, or be under the influence of, any intoxicating liquor,
beer, or controlled substance, while
he is on the premises of a
fireworks plant.
Sec. 3743.61. (A) No person, except a licensed
manufacturer
of fireworks engaging in the wholesale sale of
fireworks as
authorized by division (C)(2) of section 3743.04 of
the Revised
Code, shall operate as a wholesaler of fireworks in
this state
unless it is a licensed wholesaler of fireworks, or
shall operate
as a wholesaler of fireworks at any location in
this state unless
it has been issued a license as a wholesaler of
fireworks for the
particular location. (B) No person shall operate as a wholesaler of fireworks
at
a particular location in this state after its license as a
wholesaler of fireworks for the particular location has expired,
been denied renewal,
or been revoked, unless a new license has
been obtained. (C) No licensed wholesaler of fireworks, during the
effective period of its licensure, shall perform any
construction,
or make any structural change or renovation, on the
premises on
which the fireworks are sold without first obtaining
a written
authorization from the fire marshal pursuant to
division (B) of
section 3743.17 of the Revised Code. (D) No licensed wholesaler of fireworks shall possess
fireworks for sale at wholesale or retail, or sell fireworks at
wholesale or retail, in a manner not authorized by division (C)
of
section 3743.17 of the Revised Code. (E) No licensed wholesaler of fireworks shall knowingly
fail
to comply with the rules adopted by the fire marshal
pursuant to
section 3743.18 or the requirements of section
3743.19 of the
Revised Code. (F) No licensed wholesaler of fireworks shall fail to
maintain complete inventory, wholesale sale, and retail records
as
required by section 3743.20 of the Revised Code, or to permit
inspection of these records or the premises of the wholesaler
pursuant to section 3743.21 of the Revised Code. (G) No licensed wholesaler of fireworks shall fail to
comply
with an order of the fire marshal issued pursuant to
division
(B)(1) of section 3743.21 of the Revised Code, within
the
specified period of time. (H) No licensed wholesaler of fireworks shall fail to
comply
with an order of the fire marshal issued pursuant to
division
(B)(2) of section 3743.21 of the Revised Code until the
nonconformities are eliminated, corrected, or otherwise remedied
or the seventy-two hour period specified in that division has
expired, whichever first occurs. (I) No person shall smoke or shall carry a
lighted pipe,
cigarette, or cigar, or a match, lighter, other flame-producing
item, or open flame on,
or shall carry a concealed source of
ignition into, the premises of a wholesaler of fireworks,
except
as smoking is authorized in specified lunchrooms or
restrooms by a
wholesaler pursuant to division (D) of section
3743.19 of the
Revised Code. (J) No person shall have
in his possession or
under his
control
of, or be under the influence of, any intoxicating liquor,
beer, or controlled substance, while
he is on the premises of a
wholesaler of fireworks.
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
it
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
its
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
in his possession or
under his 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.
Sec. 3743.65. (A) No person shall possess fireworks in
this
state or shall possess for sale or sell fireworks in this
state,
except a licensed manufacturer of fireworks as authorized
by
sections 3743.02 to 3743.08 of the Revised Code, a licensed
wholesaler of fireworks as authorized by sections 3743.15 to
3743.21 of the Revised Code,
a shipping permit holder as
authorized by
section 3743.40 of the Revised Code, an out-of-state
resident as
authorized by section 3743.44 of the Revised Code, a
resident of
this state as authorized by section 3743.45 of the
Revised Code,
or a licensed exhibitor of fireworks as authorized
by sections
3743.50 to 3743.55 of the Revised Code, and except as
provided in
section 3743.80 of the Revised Code. (B) Except as provided in section 3743.80 of the
Revised
Code and except for licensed exhibitors of fireworks authorized
to
conduct a fireworks exhibition pursuant to sections 3743.50 to
3743.55 of the Revised Code, no person shall discharge, ignite,
or
explode any fireworks in this state. (C) No person shall use in a theater or public hall, what
is
technically known as fireworks showers, or a mixture
containing
potassium chlorate and sulphur. (D) No person shall sell fireworks of any kind to a person
under eighteen years of age. (E) No person shall advertise
Class C
1.4G fireworks for
sale.
A sign located on a seller's premises identifying the seller
as a seller of fireworks is not the advertising of fireworks for
sale. (F) No person, other than a licensed manufacturer,
licensed
wholesaler, licensed exhibitor, or shipping permit
holder, shall
possess
class B
1.3G fireworks in this state. (G)
Except as otherwise provided in division (K) of
section
3743.06
and division (L) of section 3743.19 of the Revised Code,
no person shall knowingly
disable a fire suppression system as
defined in section 3781.108 of the Revised Code on the
premises of
a fireworks plant of a licensed manufacturer of fireworks or on
the premises of the business operations of a licensed wholesaler
of fireworks.
Sec. 3743.66. (A) No person shall transport fireworks in
this state except in accordance with rules adopted by the fire
marshal pursuant to section 3743.58 of the Revised Code. (B) As used in this division, "fireworks" includes only
Class B
1.3G and
Class C
1.4G fireworks. No
person shall ship
fireworks
into this state by mail, parcel post, or common carrier
unless
the person possesses a valid shipping permit issued under
section
3743.40 of the Revised Code, and the fireworks are shipped
directly to the holder of a license issued under section 3743.03,
3743.16, or 3743.51 of the Revised Code. No person shall ship fireworks within this state by mail,
parcel post, or common carrier unless the fireworks are shipped
directly to the holder of a license issued under section 3743.03,
3743.16, or 3743.51 of the Revised Code.
Sec. 3743.68. (A) The fire marshal, an assistant fire
marshal, or a certified fire safety inspector may arrest, or may
cause the arrest of, any person
who
whom the fire marshal,
assistant
fire marshal, or certified fire safety inspector finds
in the act
of violating, or who the fire marshal, assistant fire
marshal, or
certified fire safety inspector has reasonable cause
to believe
has violated, sections 3743.60 to 3743.66 of the
Revised Code.
Any arrest shall be made in accordance with
statutory and
constitutional provisions governing arrests by law
enforcement
officers. (B) If the fire marshal, an assistant fire marshal, or
certified fire safety inspector has probable cause to believe
that
fireworks are being manufactured, sold, possessed,
transported, or
used in violation of this chapter, the fire
marshal, assistant
fire marshal, or certified fire safety
inspector may seize the
fireworks. Any seizure of fireworks
shall be made in accordance
with statutory and constitutional
provisions governing searches
and seizures by law enforcement
officers. The fire marshal's or
certified fire safety
inspector's office shall
impound at the site
or safely keep seized
fireworks pending the time they are no
longer needed as evidence.
A sample
of the seized fireworks is
sufficient for evidentiary purposes. The
remainder of the seized
fireworks may be disposed of pursuant to an order from
a court of
competent jurisdiction after notice and a hearing. Fireworks manufactured, sold, possessed, transported, or
used
in violation of this chapter shall be forfeited by the
violator.
The fire marshal's or certified fire safety
inspector's office
shall dispose of seized fireworks pursuant to
the procedures
specified in section 2933.41 of the Revised Code
for the disposal
of forfeited property by law enforcement
agencies,
and the fire
marshal or that office is not liable for
claims for the loss of or
damages to the seized fireworks. (C) This section does not affect the authority of a peace
officer, as defined in section 2935.01 of the Revised Code, to
make arrests for violations of this chapter or to seize fireworks
manufactured, sold, possessed, transported, or used in violation
of this chapter. (D) Any fines imposed for a violation of this chapter
relating to the sale, purchase, possession, or discharge of
fireworks shall be distributed in the following manner if a
municipal corporation, county, or township either filed or
enforced the complaint regarding the violation. One-half of the
amount of the fine shall be distributed to the municipal
corporation, county, or township which filed the complaint
regarding the violation and one-half of the amount of the fine
shall be distributed to the municipal corporation, county, or
township which enforced the complaint. If the same municipal
corporation, county, or township both filed the complaint
regarding the violation and enforced the complaint, the entire
amount of the fine shall be distributed to that municipal
corporation, county, or township.
Sec. 3743.70. The fire marshal shall not issue an initial
license or
permit under this chapter on or after the effective
date of this section if
the applicant for the license or permit,
or any individual holding, owning, or
controlling a five per cent
or greater beneficial or equity interest in the
applicant for the
license or permit, has been convicted of or pleaded
guilty to a
felony under the
laws of this state, another state, or the
United
States. The fire marshal shall revoke or deny
renewal of a
license or permit first issued under this chapter
on or after the
effective date of this section if the holder of the license or
permit, or any individual holding, owning, or controlling a five
per cent or
greater beneficial or equity interest in the holder of
the license or permit,
is convicted of or pleads guilty to a
felony under the laws of this
state, another state, or the United
States.
Sec. 3743.80. This chapter does not prohibit or apply to
the
following: (A) The manufacture, sale, possession, transportation,
storage, or use in emergency situations, of pyrotechnic signaling
devices and distress signals for marine, aviation, or highway
use; (B) The manufacture, sale, possession, transportation,
storage, or use of fusees,
torpedos
torpedoes, or other signals
necessary for the safe operation of railroads; (C) The manufacture, sale, possession, transportation,
storage, or use of blank cartridges in connection with theaters
or
shows, or in connection with athletics as signals or for
ceremonial purposes; (D) The manufacture for, the transportation, storage,
possession, or use by, or sale to the armed forces of the United
States and the militia of this state of pyrotechnic devices; (E) The manufacture, sale, possession, transportation,
storage, or use of toy pistols, toy canes, toy guns, or other
devices in which paper or plastic caps containing twenty-five
hundredths grains or less of explosive material are used,
provided
that they are constructed so that a hand cannot come
into contact
with a cap when it is in place for explosion, or
apply to the
manufacture, sale, possession, transportation,
storage, or use of
those caps; (F) The manufacture, sale, possession, transportation,
storage, or use of novelties and trick noisemakers, auto burglar
alarms, or model rockets and model rocket motors designed, sold,
and used for the purpose of propelling recoverable aero models; (G) The manufacture, sale, possession, transportation,
storage, or use of
wire sparklers
on a wire stick, as this term is
defined in the regulations of the United States department of
transportation. (H) The conduct of radio-controlled special effect
exhibitions that use an explosive black powder charge of not more
than
one-quarter pound per charge, and that are not connected in
any manner to
propellant charges, provided that the exhibition
complies with all of
following: (1) No explosive aerial display is conducted in the
exhibition; (2) The exhibition is separated from spectators by not less
than two
hundred feet;
(3) The person conducting the exhibition complies with
regulations of
the bureau of alcohol, tobacco, and firearms of the
United States
department of the treasury and the United
States
department of transportation with
respect to the storage and
transport of the explosive black powder used in the
exhibition.
Sec. 3743.99. (A) Whoever violates division (A) or (B) of
section 3743.60 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),
or
(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 (G) of section 3743.65
of the
Revised Code is guilty of a felony of the fifth degree.
Section 2. That existing sections 3743.01, 3743.02, 3743.03,
3743.04, 3743.05, 3743.06, 3743.07, 3743.08, 3743.15, 3743.16,
3743.17, 3743.18, 3743.19, 3743.20, 3743.21, 3743.40, 3743.44,
3743.45, 3743.50, 3743.51, 3743.52, 3743.53, 3743.54, 3743.58,
3743.59, 3743.60, 3743.61, 3743.64, 3743.65, 3743.66, 3743.68,
3743.80, and 3743.99 of the Revised Code are hereby repealed.
Section 3. That sections 3743.01, 3743.52, 3743.53, 3743.54,
3743.64, and 3743.99 be further amended and that section 3743.541
of the Revised Code be enacted to read as follows:
Sec. 3743.01. As used in this chapter: (A) "Beer" and "intoxicating liquor" have the same
meanings
as in section 4301.01 of the Revised Code. (B) "Booby trap" means a small tube that has a string
protruding from both ends, that has a friction-sensitive
composition, and that is ignited by pulling the ends of the
string. (C) "Cigarette load" means a small wooden peg that is
coated
with a small quantity of explosive composition and that is
ignited
in a cigarette. (D)(1) "1.3G fireworks" means display fireworks consistent
with
regulations of the United States department of
transportation
as expressed using the designation "division 1.3" in
Title 49,
Code of
Federal Regulations. (2) "1.4G fireworks" means consumer fireworks consistent
with
regulations of the United States department of
transportation
as expressed using the designation "division 1.4" in
Title 49,
Code of
Federal Regulations. (E) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code. (F) "Fireworks" means any composition or device prepared
for
the purpose of producing a visible or an audible effect by
combustion, deflagration, or detonation, except ordinary matches
and except as provided in section 3743.80 of the Revised Code. (G) "Fireworks plant" means all buildings and other
structures in which the manufacturing of fireworks, or the
storage
or sale of manufactured fireworks by a manufacturer, takes
place. (H) "Highway" means any public street, road, alley, way,
lane, or other public thoroughfare. (I) "Licensed exhibitor of fireworks" or "licensed
exhibitor" means a person licensed pursuant to sections 3743.50
to
3743.55 of the Revised Code. (J) "Licensed manufacturer of fireworks" or "licensed
manufacturer" means a person licensed pursuant to sections
3743.02
to 3743.08 of the Revised Code. (K) "Licensed wholesaler of fireworks" or "licensed
wholesaler" means a person licensed pursuant to sections 3743.15
to 3743.21 of the Revised Code. (L) "List of licensed exhibitors" means the list required
by
division (C) of section 3743.51 of the Revised Code. (M) "List of licensed manufacturers" means the list
required
by division (C) of section 3743.03 of the Revised Code. (N) "List of licensed wholesalers" means the list required
by division (C) of section 3743.16 of the Revised Code. (O) "Manufacturing of fireworks" means the making of
fireworks from raw materials, none of which in and of themselves
constitute a fireworks, or the processing of fireworks. (P) "Navigable waters" means any body of water susceptible
of being used in its ordinary condition as a highway of commerce
over which trade and travel is or may be conducted in the
customary modes, but does not include a body of water that is not
capable of navigation by barges, tugboats, and other large
vessels. (Q) "Novelties and trick noisemakers" include the
following
items: (1) Devices that produce a small report intended to
surprise
the user, including, but not limited to, booby traps,
cigarette
loads, party poppers, and snappers; (2) Snakes or glow worms; (R) "Party popper" means a small plastic or paper item
that
contains not more than sixteen milligrams of
friction-sensitive
explosive composition, that is ignited by
pulling a string
protruding from the item, and from which paper
streamers are
expelled when the item is ignited. (S) "Processing of fireworks" means the making of
fireworks
from materials all or part of which in and of
themselves
constitute a fireworks, but does not include the mere
packaging or
repackaging of fireworks. (T) "Railroad" means any railway or railroad that carries
freight or passengers for hire, but does not include auxiliary
tracks, spurs, and sidings installed and primarily used in
serving
a mine, quarry, or plant. (U) "Retail sale" or "sell at retail" means a sale of
fireworks to a purchaser who intends to use the fireworks, and
not
resell them. (V) "Smoke device" means a tube or sphere that contains
pyrotechnic composition that, upon ignition, produces white or
colored smoke as the primary effect. (W) "Snake or glow worm" means a device that consists of a
pressed pellet of pyrotechnic composition that produces a large,
snake-like ash upon burning, which ash expands in length as the
pellet burns. (X) "Snapper" means a small, paper-wrapped item that
contains a minute quantity of explosive composition coated on
small bits of sand, and that, when dropped, implodes. (Y) "Trick match" means a kitchen or book match that is
coated with a small quantity of explosive composition and that,
upon ignition, produces a small report or a shower of sparks. (Z) "Wire sparkler" means a sparkler consisting of a wire or
stick
coated with a nonexplosive pyrotechnic mixture that produces
a shower of
sparks upon ignition and that contains no more than
one hundred grams of this
mixture. (AA) "Wholesale sale" or "sell at wholesale" means a sale
of
fireworks to a purchaser who intends to resell the fireworks
so
purchased. (BB) "Licensed
premises" means the real estate upon which a
licensed
manufacturer or wholesaler of fireworks conducts
business. (CC) "Licensed building" means a
building on the licensed
premises of a licensed manufacturer or
wholesaler of fireworks
that is approved for occupancy by the
building official having
jurisdiction.
(DD) "Fireworks incident" 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:
(1) The handling or other use, or the results of the
handling or other use, of fireworks or associated equipment or
other materials;
(2) The failure of any person to comply with any applicable
requirement imposed by this chapter or any applicable rule adopted
under this chapter.
(EE) "Discharge site" means an area immediately surrounding
the mortars used to fire aerial shells.
(FF) "Fireworks incident site" means a discharge site or
other location at a fireworks exhibition where a fireworks
incident occurs, a location where an injury or death associated
with a fireworks incident occurs, or a location where evidence
of
a fireworks incident or an injury or death associated with a
fireworks incident is found.
Sec. 3743.52. (A) The license of an exhibitor of
fireworks
is effective for one
year from the date of its issuance by the
fire marshal. If an
exhibitor of fireworks wishes to continue as
an exhibitor after
its then effective license expires, it shall
apply for a new
license pursuant to section 3743.50 of the Revised
Code. The
fire marshal shall send a written notice of the
expiration of its
license to a licensed exhibitor at least two
months
before the expiration date. (B) The license of an exhibitor of fireworks authorizes
the
exhibitor to conduct public fireworks exhibitions in this
state if
it complies with sections 3743.50 to 3743.55 of the
Revised Code
and with the rules adopted by the fire marshal
pursuant to section
3743.53 of the Revised Code. The license is not transferable or assignable, and is
subject
to revocation as provided in section
3743.70
or division (D) of
section 3743.99 of the Revised Code or pursuant
to Chapter 119. of
the Revised
Code if the exhibitor fails to comply with sections
3743.50 to
3743.55 of the Revised Code or the rules adopted by the
fire
marshal pursuant to section 3743.53 of the Revised Code. If the license of an exhibitor is revoked, the exhibitor
shall cease conducting public fireworks exhibitions immediately.
The
Subject to division (D) of section 3743.99 of the Revised
Code, the exhibitor may not reapply for licensure as an exhibitor
of
fireworks until two years expire from the date of revocation.
The fire marshal shall remove from the list of licensed
exhibitors
the exhibitor's name, and shall notify fire chiefs,
fire
prevention officers, and police chiefs
or other similar chief law
enforcement officers of municipal corporations, townships, or
township police districts in this state of the
revocation. (C) Each licensed exhibitor of fireworks
or a designee of
the exhibitor, whose identity is provided to the fire marshal
by
the exhibitor, shall attend a continuing education program
consisting of
not less than six
hours of instruction once every
three
years. The fire marshal shall develop the program,
and the
fire marshal
or a person or public agency approved by the fire
marshal shall conduct it. A licensed exhibitor or the exhibitor's
designee
who attends a program as required under this division,
within one year after
attending the program, and on an annual
basis during the following two years,
shall conduct in-service
training for other employees of the licensee
regarding the
information obtained in the program. A licensed exhibitor
shall
provide the fire marshal with certified proof of full compliance
with
all applicable annual training requirements of the United
States
department of transportation and of the occupational safety
and health
administration. A licensed exhibitor shall provide the
fire marshal
with notice of the date, time, and place of all
in-service training not less
than thirty days prior to an
in-service training event. An individual
exhibitor who has no
employees shall not fulfill continuing education
requirements
through a designee.
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
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) Except as the storage
and securing of fireworks is
addressed by the
rules adopted under division (E) of this section,
the storage, securing, 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
and securing 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
or other
similar chief law enforcement officer of a municipal corporation,
township, or township police district or with a designee of such a
police chief or other similar chief law enforcement officer, 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
or other similar chief law enforcement officer
of a municipal corporation, township, or township police district
or with a designee of such a police chief or other similar chief
law enforcement officer,
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.
(G) A designee, if any, designated by a police chief or
other similar chief law enforcement officer under this section or
section 3743.54 of the Revised Code shall be a law enforcement
officer serving in the same law enforcement agency as the police
chief or other similar chief law enforcement officer.
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
from the police chief
or other similar chief law enforcement
officer, or the designee of the police chief or similar chief law
enforcement officer, 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
from the police
chief
or other similar chief law enforcement officer, or the
designee of the police chief or similar chief law enforcement
officer, 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
from the police chief
or
other similar chief law enforcement officer, or the designee of
the police chief or similar chief law enforcement officer, 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
or other similar
chief law
enforcement officer, or the designee of the police chief
or similar chief law enforcement officer, of the political
subdivision providing the
police services and
from 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
from the police
chief
or other similar chief law
enforcement officer, or the designee of the police chief or
similar
chief law enforcement officer, 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
from the police chief or other similar
chief law
enforcement officer, or the designee of the police chief
or other similar chief 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
by the police chief
or other similar chief law enforcement
officer, or the designee of the police chief or other similar
chief law enforcement officer, 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,
to fire prevention
officers, and
to police chiefs
or other
similar chief law enforcement officers of
municipal corporations,
townships, or township police districts, or their designees,
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,
a fire
prevention officer,
or
a police
chief
or other similar chief law
enforcement
officer of a municipal corporation, township, or
township police
district, or a designee of such a police chief
or
other similar chief law enforcement officer. (C) Before a permit is signed and
issued to a licensed
exhibitor of fireworks, the fire chief or fire prevention
officer,
in consultation with the police chief
or other similar chief law
enforcement officer or with the designee of the police chief or
other similar chief law enforcement officer, 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. The fire chief or fire prevention officer, and the police
chief
or other similar chief law enforcement officer, or the
designee of the police chief or other similar chief law
enforcement officer, 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 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, in
consultation with the
police chief
or other similar
chief law enforcement officer or with the designee of the police
chief or other similar chief law enforcement officer, 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, other similar chief law enforcement
officers, or their designee, 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
to the
police chief
or
other similar chief law enforcement officer, or the designee of
the police chief or other similar chief law enforcement officer,
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, other similar
chief law
enforcement officers, or their designee, 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
by the police chief
or
other similar chief law enforcement officer, or the designee of
the police chief or other similar chief law enforcement officer,
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
or
other similar chief law
enforcement officer, or designee of
the
police chief or other similar chief law enforcement officer,
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
by the police
chief
or
other similar chief law
enforcement
officer, or the designee of the police chief or other
similar
chief law enforcement officer, 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
or other similar chief law enforcement officer, and designee
of a police chief or other similar chief law enforcement officer
shall keep a
record of issued permits for fireworks
exhibitions.
In this list,
the fire chief, fire prevention
officer,
or police
chief
or other
similar chief law enforcement officer, and designee
of a police chief or other similar chief law enforcement officer
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. 3743.541. (A) The appropriate state or local law
enforcement authority with jurisdiction over a fireworks incident
site shall immediately notify the state fire marshal, the state
fire marshal's designee, or a member of the state fire marshal's
staff regarding the occurrence of the fireworks incident and the
location of the fireworks incident site.
(B) At any time after a fireworks incident occurs, unless
the fire marshal otherwise delegates the fire marshal's authority
to the appropriate state or local law enforcement authority with
jurisdiction over the fireworks incident site, the fire marshal,
the fire marshal's designee, or a member of the fire marshal's
staff shall supervise and coordinate the investigation of the
fireworks incident and supervise any dismantling, repositioning,
or other disturbance of fireworks, associated equipment or other
materials, or other items within the fireworks incident site or of
any evidence related to the fireworks incident.
(C) A state or local law enforcement officer, prior to the
arrival of the fire marshal, the fire marshal's designee, or a
member of the fire marshal's staff at a fireworks incident site,
may dismantle, reposition, or move any fireworks, any associated
equipment or other materials, or any other items found within the
site or any evidence related to the fireworks incident only as
necessary to prevent an imminent fire, imminent explosion, or
similar threat of additional injury or death to any member of the
public at the site.
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
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, in consultation with a police chief
or other similar
chief law
enforcement officer of a municipal corporation,
township, or
township police district or with a designee of such a
police chief or other similar chief law enforcement officer,
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
Except as provided in division (C) of section
3743.541 of the Revised Code, no person shall knowingly, or
knowingly permit another person to,
dismantle, reposition, or
otherwise disturb
any
fireworks, associated equipment, fireworks,
or
other materials, or other items within
an accident
a fireworks
incident site
of a fireworks exhibition, or any evidence related
to
an accident
a fireworks incident, at any time
after that person
has reason to
believe
an accident
a fireworks incident has
occurred, before
the
state fire marshal, the state fire marshal's
designee, a member of the state fire marshal's staff, or other
appropriate
state or local law
enforcement authorities permit
in
accordance with section 3743.541 of the Revised Code the
dismantling, repositioning, or other
disturbance of the
fireworks,
equipment, materials, or items within the
accident
fireworks
incident site or of any evidence
related to the
accident
fireworks
incident.
(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 (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, and the person is ineligible to apply for
either type of license, 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
physical harm to persons or serious physical harm to
property, 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
is ineligible to apply for a
license as or 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 4. That existing sections 3743.01, 3743.52, 3743.53,
3743.54, 3743.64, and 3743.99 of the Revised Code are hereby
repealed.
Section 5. (A) The intent of the General Assembly in
amending sections 3743.01, 3743.02, 3743.03, 3743.04, 3743.05,
3743.06, 3743.07, 3743.08, 3743.15, 3743.16, 3743.17, 3743.18,
3743.19, 3743.20, 3743.21, 3743.40, 3743.44, 3743.45, 3743.50,
3743.51, 3743.52, 3743.53, 3743.54, 3743.58, 3743.59, 3743.60,
3743.61, 3743.64, 3743.65, 3743.66, 3743.68, 3743.80, and 3743.99
and in enacting sections 3743.25, 3743.56, and 3743.70 of the
Revised Code in Section 1 of this act is to reenact the amendments
to, or the enactment of, those sections by Am. Sub. H.B. 215 of
the 122nd General Assembly to protect those sections against a
challenge that their amendment or enactment was invalid because it
violated the prohibition contained in Section 15 of Article II of
the Constitution of Ohio against a bill containing more than one
subject. For purposes of this act, all references in those
sections to "the effective date of this section" or to "the
effective date of this amendment" shall be construed to mean the
effective date of a section or of an amendment to a section by Am.
Sub. H.B. 215 of the 122nd General Assembly. (B) The intent of the General Assembly in further amending
sections 3743.01, 3743.52, 3743.53, 3743.54, 3743.64, and 3743.99
and in enacting section 3743.541 of the Revised Code in Section 3
of this act is to: (1) Recognize the versions of sections 3743.01, 3743.52,
3743.53, 3743.54, 3743.64, and 3743.99 of the Revised Code that
result from Am. Sub. H.B. 215 of the 122nd General Assembly and
Sub. H.B. 405 of the 123rd General Assembly; and (2) Further amend sections 3743.01, 3743.52, 3743.53,
3743.54, 3743.64, and 3743.99 and enact section 3743.541 of the
Revised Code to make changes relating to fireworks incidents and
their investigation.
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