(a) Definitions. As used in this section, unless otherwise provided:
(1) “Beer” and “intoxicating liquor” have the same meanings given in Section 612.01.
(2) “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.
(3) “Cigarette load” means a small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.
(4) “Classes of fireworks” are defined as follows:
A. “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.
B. “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.
(5) “Controlled substance” has the same meaning given in Section 624.01.
(6) “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 subsection (h) hereof.
(7) “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.
(8) “Highway” means any public street, road, alley, way, lane or other public thoroughfare.
(9) “Licensed exhibitor of fireworks” or “licensed exhibitor” means a person licensed pursuant to Ohio R.C. 3743.50 through 3743.55.
(10) “Licensed manufacturer of fireworks” or “licensed manufacturer” means a person licensed pursuant to Ohio R.C. 3743.02 through 3743.08.
(11) “Licensed wholesaler of fireworks” or “licensed wholesaler” means a person licensed pursuant to Ohio R.C. 3743.15 through 3743.21.
(12) “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.
(13) “Novelties and trick noisemakers” include the following items:
A. Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers and snappers;
B. Snakes or glow worms;
C. Smoke devices;
D. Trick matches.
(14) “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.
(15) “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.
(16) “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.
(17) “Smoke device” means a tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(18) “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.
(19) “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.
(20) “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.
(21) “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 100 grams of this mixture. (ORC 3743.01)
(b) Manufacturing.
(1) No licensed manufacturer of fireworks shall knowingly fail to comply with the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.05 or the requirements of Ohio R.C. 3743.06.
(2) No licensed manufacturer of fireworks shall fail to maintain complete inventory, wholesale sale and retail records, as required by Ohio R.C. 3743.07, or fail to permit inspection of these records or the premises of a fireworks plant pursuant to Ohio R.C. 3743.08.
(3) No licensed manufacturer of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.08(B)(1), within the specified period of time.
(4) No licensed manufacturer of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.08(B)(2) until the nonconformities are eliminated, corrected or otherwise remedied or until the seventy-two hour period specified in that paragraph has expired, whichever first occurs.
(5) No person shall smoke or carry a 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 Ohio R.C. 3743.06(C).
(6) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer or controlled substance, while on the premises of a fireworks plant. (ORC 3743.60)
(c) Wholesaling.
(1) No licensed wholesaler of fireworks shall knowingly fail to comply with the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.18 or the requirements of Ohio R.C. 3743.19.
(2) No licensed wholesaler of fireworks shall fail to maintain complete inventory, wholesale sale and retail records, as required by Ohio R.C. 3743.20, or fail to permit inspection of these records or the premises of the wholesaler pursuant to Ohio R.C. 3743.21.
(3) No licensed wholesaler of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.21(B)(1), within the specified period of time.
(4) No licensed wholesaler of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.21(B)(2) until the nonconformities are eliminated, corrected or otherwise remedied, or until the seventy-two hour period specified in that paragraph has expired, whichever first occurs.
(5) No person shall smoke or carry a 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 Ohio R.C. 3743.19(D).
(6) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer or controlled substance, while on the premises of a wholesaler of fireworks. (ORC 3743.61)
(d) Purchasing and Transporting.
(1) No person who resides in another state and purchases fireworks in this State shall obtain possession of the fireworks in this State unless the person complies with Ohio R.C. 3743.44, provided that knowingly making a false statement on the fireworks purchaser form is not a violation of this section but is a violation of Section 606.10.
(2) No person who resides in another state and who purchases fireworks in this State shall obtain possession of fireworks in this State other than from a licensed manufacturer or wholesaler, or fail, when transporting the fireworks, to transport them directly out of this State within seventy-two hours after the time of their purchase. No such person shall give or sell to any other person in this State fireworks that the person has acquired in this State.
(3) No person who resides in this State and purchases fireworks in this State shall obtain possession of the fireworks in this State unless the person complies with Ohio R.C. 3743.45, provided that knowingly making a false statement on the fireworks purchaser form is not a violation of this section but is a violation of Section 606.10.
(4) No person who resides in this State and who purchases fireworks in this State under Ohio R.C. 3743.45 shall obtain possession of fireworks in this State other than from a licensed manufacturer or licensed wholesaler, or fail, when transporting the fireworks, to transport them directly out of this State within forty-eight hours after the time of their purchase. No such person shall give or sell to any other person in this State fireworks that the person has acquired in this State.
(ORC 3743.63)
(e) Exhibitions.
(1) A licensed exhibitor of fireworks who wishes to conduct a public fireworks exhibition within the Municipality shall apply for approval to conduct the exhibition to the Fire Chief and the Police Chief.
The required approval shall be evidenced by the Fire Chief or Fire Prevention Officer and the Police Chief signing a permit for the exhibition, the form for which shall be prescribed by the State Fire Marshal. 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 the Fire Chief, Fire Prevention Officer or Police Chief.
(2) Before signing a permit and issuing it to a licensed exhibitor of fireworks, the 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 or her 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 their approval to conduct a public fireworks exhibition only if they are 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 Ohio R.C. 3743.53(B) 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 the permit for noncompliance with the rules.
(3) The Fire Chief or Fire Prevention Officer and the Police Chief shall not issue a permit until the applicant pays a permit fee of twenty-five dollars ($25.00) plus any necessary costs of investigation of the applicant and of inspecting the premises on which the exhibition will be conducted.
Each exhibitor shall provide an indemnity bond in the amount of at least one hundred thousand dollars ($100,000), with a surety satisfactory to the Fire Chief or Fire Prevention Officer and the Police Chief, conditioned upon 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 dollars ($100,000) for liability arising from injury, death or loss to persons or property emanating from the fireworks exhibition. Council may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this paragraph. The Fire Chief or Fire Prevention Officer and Police Chief shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this paragraph.
(4) Each permit for a fireworks exhibition issued by the Fire Chief or Fire Prevention Officer and the Police Chief shall contain a distinct number, together with a designation of the Municipality. 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 State Fire Marshal, who shall keep a record of the permits he or she receives. A permit is not transferable or assignable.
(5) The 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 or her license number, the premises on which the exhibition will be conducted, the date and time of the exhibition and the number of the permit issued to the exhibitor for the exhibition.
(ORC 3743.54)
(6) No licensed exhibitor of fireworks shall fail to comply with the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.53(B) or fail to comply with Ohio R.C. 3743.53(C) and (D).
(7) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to this subsection (e), or if a permit so secured is revoked by the Fire Chief or Fire Prevention Officer and the Police Chief of the Municipality pursuant to that section.
(8) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with this subsection (e) and Ohio R.C. 3743.54 and 3743.55.
(9) 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.
(10) 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 State Fire Marshal under Ohio R.C. 3743.56. (ORC 3743.64)
(f) Possession, Sale, Discharge and Advertising; Falsification.
(1) No person shall possess, possess for sale or sell fireworks in the Municipality, except a licensed manufacturer of fireworks, as authorized by Ohio R.C. 3743.02 through 3743.08, a licensed wholesaler of fireworks, as authorized by Ohio R.C. 3743.15 through 3743.21, a shipping permit holder as authorized by Ohio R.C. 3743.40, an out-of-state resident, as authorized by Ohio R.C. 3743.44, a resident of this State, as authorized by Ohio R.C. 3743.45, or a licensed exhibitor of fireworks, as authorized by Ohio R.C. 3743.50 through 3743.55, and except as provided in subsection (h) hereof.
(2) Except as provided in subsection (h) hereof and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Ohio R.C. 3743.50 through 3743.55, no person shall discharge, ignite or explode any fireworks in the Municipality.
(3) 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.
(4) No person shall sell fireworks of any kind to a person under eighteen years of age.
(5) No person shall advertise 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.
(6) No person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor or shipping permit holder, shall possess 1.3G fireworks in the Municipality.
(7) Except as otherwise provided in Ohio R.C. 3743.06(K) and Ohio R.C. 3743.19(L), no person shall knowingly disable a fire suppression system, as defined in Ohio R.C. 3781.108, 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.
(ORC 3743.65)
(g) Transporting and Shipping.
(1) No person shall transport fireworks in the Municipality except in accordance with rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.58.
(2) As used in this paragraph, “fireworks” includes only 1.3G and 1.4G fireworks.
(3) No person shall ship fireworks into the Municipality by mail, parcel post or common carrier, unless the person possesses a valid shipping permit issued under Ohio R.C. 3743.40 and the fireworks are shipped directly to the holder of a license issued under Ohio R.C. 3743.03, 3743.16 or 3743.51.
(4) No person shall ship fireworks within the Municipality by mail, parcel post or common carrier, unless the fireworks are shipped directly to the holder of a license issued under Ohio R.C. 3743.03, 3743.16 or 3743.51. (ORC 3743.66)
(h) Exceptions. This section does not prohibit or apply to the following:
(1) The manufacture, sale, possession, transportation, storage or use in emergency situations, of pyrotechnic signaling devices and distress signals for marine, aviation or highway use;
(2) The manufacture, sale, possession, transportation, storage or use of fusees, torpedoes or other signals necessary for the safe operation of railroads;
(3) 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;
(4) 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;
(5) 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 the manufacture, sale, possession, transportation, storage or use of those caps;
(6) 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; or
(7) The manufacture, sale, possession, transportation, storage or use of wire sparklers.
(8) 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 the following:
A. No explosive aerial display is conducted in the exhibition.
B. The exhibition is separated from spectators by not less than 200 feet.
C. 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.
(ORC 3743.80)
(i) Forfeiture and Disposal. Fireworks manufactured, sold, possessed, transported or used in violation of this section shall be forfeited by the violator. The Municipal Fire Safety Inspector or the Police Department shall dispose of seized fireworks pursuant to the procedures specified in Section 606.24 for the disposal of forfeited property by law enforcement agencies and the Inspector or the Department is not liable for claims for the loss of or damage to the seized fireworks.
(ORC 3743.68(B))
(j) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02, provided the offender has not previously been convicted of a violation of paragraph (b)(5) hereof or Ohio R.C. 3743.60(I), subsection (c) hereof or Ohio R.C. 3743.61, or paragraph (f)(7) hereof or Ohio R.C. 3743.65(G). (ORC 3743.99(C))