As used in this chapter:
(a) “Artificial barricade” means any artificial mound or properly revetted wall of earth of minimum thickness of not less than three (3) feet or an equivalent protection.
(b) “Binary system” means a two (2) component system for mixing certain pyrotechnic materials on site. The items are commonly shipped as separate ingredients: an oxidizer typically labeled “A”; and a fuel, typically labeled “B”. These ingredients do not become a pyrotechnic material until they are mixed.
(c) “Black powder” means a low explosive consisting of an intimate mixture of potassium or sodium nitrate, charcoal, and sulfur.
(d) “Blaster” means a qualified person in charge of and responsible for the loading and firing of an explosive.
(e) “Blasting agent” means an explosive material that meets prescribed criteria for insensitivity to initiation.
For storage, a blasting agent is any material or mixture, consisting of fuel and oxidizer, intended for blasting and not otherwise defined as an explosive; if the finished product, as mixed for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined. 27 C.F.R. 55.11 (Bureau of Alcohol, Tobacco, Firearms and Explosives regulation).
For transportation, a Class 1, Division 1.5 blasting agent is a substance that is a mass explosion hazard, but is so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of transport. 49 C.F.R. 173.50 (U.S. Department of Transportation (DOT)).
(f) “Consumer fireworks” or “common fireworks” mean any small fireworks device designed primarily to produce visible effects by combustion or deflagration that complies with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500-1507. Consumer fireworks include small devices designed to produce audible effects, such as whistling devices, and ground devices containing fifty (50) mg (two thousandths (0.002) g) or less of explosive composition (salute powder) per explosive unit and aerial devices containing one hundred thirty (130) mg or less of explosive material. Consumer fireworks are classified as fireworks UN 0336 and UN 0337 by the DOT, at 49 C.F.R. 172.101. This term does not include fused setpieces containing components that together exceed fifty (50) mg of salute powder. Consumer fireworks, as used in this chapter, are considered pyrotechnic material and pyrotechnics.
(g) “Deflagration” means an explosive reaction such as a rapid combustion that moves through an explosive material at a velocity less than the speed of sound in the material.
(h) “Detonation” means an exothermic reaction that moves through an explosive material at a velocity greater than the speed of sound.
(i) “Display fireworks” means firework devices intended for use in fireworks display that are designed to produce visible or audible effects for entertainment purposes by combustion, deflagration, or detonation. The term “display fireworks” includes consumer fireworks to be used in fireworks displays, larger devices of similar construction and chemical composition that are classed as Explosives 1.3G and described as Fireworks UN0333, UN 0334, and UN 0335 by the DOT, and other devices that produce visible or audible effects for entertainment purposes that are classed as Explosives 1.3G, 1.4G, or 1.4S, and described as pyrotechnics and pyrotechnic material by the DOT. This term also includes fused setpieces containing components that together exceed fifty (50) mg of salute powder.
(j) “DOT and “DOTn” mean U.S. Department of Transportation.
(k) “Exhibitor” means an Ohio exhibitor licensed under the requirements of Ohio Rev. Code Ann. Section 3743.50 to 3743.55.
(l) “Explosive” means:
(1) Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion, i.e., with substantially instantaneous release of gas and heat. This includes, but is not limited to, dynamite and other high explosives, black powder and pellet powder, slurries, emulsions, water gels, initiating explosives, detonators (blasting caps), safety fuses, squibs, detonating cord, igniter cord, igniters, fireworks, and pyrotechnics.
(2) The term “explosive” includes any material determined to be within the scope of 18 U.S.C. Chapter 40, Importation, Manufacture, Distribution and Storage of Explosive Materials, issued at least annually by the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the Department of the Justice, and also includes any material classified as an explosive by the hazardous material regulations of the DOTn (49 C.F.R.)
(3) The term “explosive” must also include all of the following categories in 49 C.F.R. Parts 1-199, as follows:
Division 1.1 - Mass exploding (Class A explosives).
Division 1.2 - Projection hazard (Class A or B explosives).
Division 1.3 - Fire hazard, minor blast (Class B explosives) - or projection hazard or both.
Division 1.4 - Minor explosion hazard (Class C explosive) - not mass detonating.
Division 1.5 - Insensitive explosives. (blasting agents) - very little probability of initiation or transition from burning to detonation under normal conditions of transport.
Division 1.6 - Extremely Insensitive Detonating Substances.
(EIDS) that must pass DOTn criteria as such.
The requirements of this chapter pertaining to the use, storage, and handling of explosives, including the permit required by Section 387.06, applies to explosives as defined in divisions (l)(1), (l)(2), or (l)(3) of Section 387.01 of this chapter. The requirements of this chapter pertaining to the transportation of explosives apply only to explosives as defined in division (l)(3) of Section 387.01 of this chapter.
(m) “Explosives interchange lot” means a specially designated safe area of a motor vehicle terminal where less-than-truckload lots of explosives can be held for transfer from one (1) vehicle to another for continuance in transportation.
(n) “Explosives motor vehicle facility” means a designated area where motion vehicles transporting explosives can be parked, pending further movement in transportation.
(o) “Fireworks” means any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and meeting the definition of Consumer Fireworks or Display Fireworks as defined in this section, or as defined in other NFPA standards. For purposes of this chapter, all fireworks are considered pyrotechnic material or pyrotechnics.
(1) “Fireworks” does not include toy caps for use in toy pistols, toy canes, toy guns, and novelties, and trick noisemakers, not containing more than an average of twenty-five hundredths (0.25) grains (sixteen (16) mg) of explosive composition per cap, provided they are so constructed that the hand cannot come in contact with the cap when it is in place for explosion.
(2) “Fireworks” does not include model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models.
(p) “Fireworks exhibition” means any presentation or discharge of fireworks. A fireworks exhibition includes, but is not limited to, those displays conducted in accordance with the provisions of RC Chapter 3743 or any variance issued under it, this rule, and NFPA 1123 listed in OAC 1301:7-7-44.
(q) “1.4G Fireworks” means “Consumer Fireworks” consistent with regulations of DOTn (49 C.F.R.).
(r) “1.3G Fireworks” means “Display Fireworks” consistent with regulations of DOTn (49 C.F.R.).
(s) “1.4S Fireworks” means pyrotechnic devices for professional use in the performing arts in conjunction with theatrical, musical or other productions that are similar to “consumer fireworks” in chemical composition and construction, but not intended for consumer use. Those fireworks shall be classified as “Article Pyrotechnic 1.4S” and marked and labeled in conformance with 49 C.F.R.
(t) “Fixed facility” means any building or property where materials or articles are received, shipped, stored, transferred, picked up, or delivered, and includes without limitation, a terminal, storage facility, explosives interchange lot, explosives motor vehicle terminal, and intermodal facility.
(u) “Flame effects” has the meaning as defined in NFPA Standard 160. An indoor or outdoor flame effect resulting from the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience. Flame effects for entertainment, exhibition, demonstration, or simulation before an audience, and/or as determined by the Fire Chief, shall be defined as regulated by this chapter.
(v) “Highway” means any interstate, public street, public alley, public road or other public thoroughfare.
(w) “Interstate highway” means the highways in the City of Cleveland identified as Interstates 71, 77, 90, 480, 176 and 490.
(x) “Inhabited building” means any building regularly occupied in whole or part as a habitation for human beings, or any church, school-house, railroad station, store, or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosives.
(y) “Intermodal facilities” means any designated area where truck trailers, storage containers, and other vehicles used in the transportation of hazardous materials are received, shipped, loaded onto, unloaded from, or stored in connection with two (2) or more modes of transportation.
(z) “Laser” means a device that produces an intense, coherent, directional beam of light by stimulating electronic or molecular transitions to lower energy levels. It also means an acronym for light amplification by simulated emission of radiation (ANSI Z136.1). As used in this section, lasers must mean Class III or IV lasers, as defined by the Bureau of Radiological Health, when used in front of a proximate audience for purposes of visual or special effects.
(aa) “Lycopodium” means the spores produced by the genus of mosses called lycopodium. This powdery, organic, yellow, material can be agitated and dispersed mechanically into a cloud and then ignited by a spark, pilot flame, or electrical heating device. Although not a pyrotechnic material, this material is used by special effects operators to produce fire effects or in conjunction with other pyrotechnics to create a special effect.
(bb) “Magazine” means any building, structure, or container, other than an explosives manufacturing building, approved for the storage of explosive materials.
(cc) “Motor vehicle” includes a vehicle, machine, tractor, trailer, or semi trailer, or a combination of them, propelled or drawn by mechanical power and used on the highways in the transportation of passengers or property. It does not include a vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street railway service.
(dd) “Natural barricade” means natural features of the ground, such as hills, or timber of sufficient density that the surrounding exposures that require protection cannot be seen from the magazine when the trees are bare of leaves.
(ee) “NFPA” means National Fire Protection Association.
(ff) “Operator” means a person with overall responsibility for the safety, setup and discharge of an outdoor fireworks display.
(gg) “Permit” means written authority issued by the City of Cleveland Fire Chief or his or her duly authorized representative.
(hh) “Person” means an individual, association, corporation, business, partnership or other legal entity or group of individuals.
(ii) “Proximate audience” means an audience closer to pyrotechnic devices than allowed by NFPA 1123, Code for Fireworks Display. This definition is also applicable to the indoor or outdoor use of pyrotechnic materials in the performing arts in conjunction with theatrical, musical, or similar productions or the filming of television, radio, or movie productions before a proximate audience, performers, or support personnel. It also applies to all use of lasers in indoor or outdoor displays unless otherwise determined by the City of Cleveland Fire Chief.
(jj) “Pyrotechnic display” means a display or performance of pyrotechnic material.
(kk) “Pyrotechnic material” means a chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration, or detonation, when the mixture predominantly consists of solids capable of producing a controlled, self- sustaining, and self-contained exothermic chemical reaction that results in heat, gas, sound, light, or a combination of these effects, and when the chemical reaction functions without external oxygen. For purposes of this chapter, all fireworks are considered pyrotechnic material or pyrotechnics, and all pyrotechnics are considered explosives.
(ll) “Railway” means any steam, electric, diesel, electric or other railroad or railway.
(mm) “Receive” means to accept delivery, or to take possession of materials or articles; a “receiver” may include, without limitation, a consignee, a terminal, storage facility, or other fixed facility.
(nn) “Ship” means to turn over possession of materials or articles for transport; a “shipper” may include, without limitation, a manufacturer, consignor, terminal, storage facility, or other fixed facility or operation that has possession of explosives prior to transport.
(oo) “Small arms ammunition” means any cartridge for shotgun, rifle, pistol, revolver, and cartridges for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bursting charges or any incendiary, tracer, spotting, or pyrotechnic projectile is excluded from this definition.
(pp) “Special Effects” means a visible or audible effect for entertainment purposes. Frequently an illusion: that is, something that appears to be other than what it really is. For example, smoke may be created to give an audience the impression of fog being present. Or a puff of smoke, a flash of light, and a loud sound may be produced to give an audience the impression that a cannon has been fired, when in reality a cannon has not been fired.
(qq) “Terminal” means a fixed facility used by transporters for the receipt, shipment, transfer, storage, pick-up or delivery of articles or materials.
(rr) “Transporter” means a person engaged in the transport, movement or carrying of explosives by a motor vehicle on a highway.
(ss) “Vessel” means every description of watercraft, used or capable of being used, as a means of transportation on the water.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)