For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1.3G FIREWORKS. Display fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation “Division 1.3” in Title 49 of the Code of Federal Regulations.
1.4G FIREWORKS. Consumer fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation “Division 1.4” in Title 49 of the Code of Federal Regulations.
BEER and INTOXICATING LIQUOR. Have the same meaning as in R.C. § 4301.01.
BOOBY TRAP. 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.
CIGARETTE LOAD. A small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.
CONTROLLED SUBSTANCE. Has the same meaning as in R.C. § 3719.01.
DISCHARGE SITE.
An area immediately surrounding the mortars used to fire aerial shells.
EXPLOSIVE. Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. The term includes all materials that have been classified as division 1.1, division 1.2, division 1.3, or division 1.4 explosives by the United States Department of Transportation in its regulations and includes but is not limited to dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. The term does not include “fireworks”, as defined in R.C. § 3743.01, or any substance or material otherwise meeting the definition of explosive set forth in this section that is manufactured, sold, possessed, transported, stored, or used in any activity described in R.C. § 3743.80, provided the activity is conducted in accordance with all applicable laws, rules, and regulations, including but not limited to the provisions of R.C. § 3743.80 and the rules of the Fire Marshal adopted pursuant to R.C. § 3737.82.
(R.C. § 2923.11)
FIREWORKS. 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 R.C. § 3743.80.
FIREWORKS INCIDENT.
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 R.C. Chapter 3743, or any applicable rule adopted under this chapter or R.C. Chapter 3743.
FIREWORKS INCIDENT SITE
.
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
FIREWORKS PLANT. All buildings and other structures in which the manufacturing of fireworks, or the storage or sale of manufactured fireworks by a manufacturer, takes place.
FOUNTAIN DEVICE. Means a specific type of 1.4G firework that meets all of the following criteria:
(1) It is nonaerial and nonreport producing.
(2) It is recognized and manufactured in accordance with sections 3.1.1 and 3.5 of APA standard 87-1 (2001 edition).
(3) It is a ground-based or hand-held sparkler with one or more tubes containing a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition, with or without additional effects that may include a colored flame, audible crackling effect, audible whistle effect, or smoke.
(4) It contains not more than 75 grams of the nonexplosive pyrotechnic mixture in any individual tube and not more than 500 grams or less for multiple tubes.
HIGHWAY. Any public street, road, alley, way, lane or other public thoroughfare.
LICENSED BUILDING. 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.
LICENSED EXHIBITOR OF FIREWORKS or LICENSED EXHIBITOR. A person licensed pursuant to R.C. §§ 3743.50 through 3743.55.
LICENSED FOUNTAIN DEVICE RETAILER or LICENSED RETAILER. Means a person licensed pursuant to R.C. § 3743.26.
LICENSED MANUFACTURER OF FIREWORKS or LICENSED MANUFACTURER. A person licensed pursuant to R.C. §§ 3743.02 through 3743.08.
LICENSED PREMISES. The real estate upon which a licensed manufacturer or wholesaler of fireworks conducts business.
LICENSED WHOLESALER OF FIREWORKS or LICENSED WHOLESALER. A person licensed pursuant to R.C. §§ 3743.15 through 3743.21.
LIST OF LICENSED EXHIBITORS. The list required by R.C. § 3743.51(C).
LIST OF LICENSED MANUFACTURERS. The list required by R.C. § 3743.03(C).
LIST OF LICENSED WHOLESALERS. The list required by R.C. § 3743.16(C).
MANUFACTURING OF FIREWORKS. The making of fireworks from raw materials, none of which in and of themselves constitute fireworks, or the processing of fireworks.
NAVIGABLE WATERS. 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.
NOVELTIES and TRICK NOISEMAKERS.
(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;
(3) Smoke devices;
(4) Trick matches.
PARTY POPPER. A small plastic or paper item that contains not more than 16 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.
PROCESSING OF FIREWORKS. The making of fireworks from materials all or part of which in and of themselves constitute fireworks, but does not include the mere packaging or repackaging of fireworks.
RAILROAD. 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.
RETAIL SALE or SELL AT RETAIL. A sale of fireworks to a purchaser who intends to use the fireworks and not to resell them.
SMOKE DEVICE. A tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
SNAKE or GLOW WORM. 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.
SNAPPER. A small paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand and that, when dropped, implodes.
STORAGE LOCATION. A single parcel or contiguous parcels of real estate approved by the Ohio Fire Marshal pursuant to R.C. § 3743.04(I) or R.C. § 3743.17(F) that are separate from a licensed premises containing a retail showroom, and which parcel or parcels a licensed manufacturer or wholesaler of fireworks may use only for the distribution, possession, and storage of fireworks in accordance with this chapter.
TRICK MATCH. 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.
WHOLESALE SALE or SELL AT WHOLE-SALE. A sale of fireworks to a purchaser who intends to resell the fireworks so purchased.
WIRE SPARKLER. 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.
(R.C. § 3743.01)