Section
Fireworks and Explosives
91.01 Definitions
91.02 Possession, sale and use of fireworks
91.03 Permit to use fireworks
91.04 Manufacturing or wholesale sale without a license; prohibitions
91.05 Purchasers to comply with law; unauthorized purchases
91.06 Exhibition without a license; prohibitions
91.07 Unauthorized transportation or shipping
91.08 Application of subchapter
91.09 Arrest of offender; seizure and forfeiture of fireworks; distribution of fines
91.10 Safety requirements for fireworks showroom structures
91.11 Storage of explosives
91.12 Blasting permit
Fire Prevention
91.30 Removal of flammable materials or obstructions
91.31 Protective appliances
91.32 Compliance with order
91.33 Waste receptacles
91.34 Hotel to have fire warning device producing visible signal
91.35 Fire suppression systems
91.36 Violations of State Fire Code prohibited
91.37 Posting arson notices in hotels, motels and other places
91.38 Negligent burning
91.39 Spreading alarm of unfriendly fire
91.40 Unvented heaters
Open Burning
91.55 Definitions
91.56 Relations to other prohibitions
91.57 Open burning in restricted areas
91.58 Permission and notice to open burn
91.59 Authorization required for bonfires
91.99 Penalty
Cross-reference:
Failure to secure dangerous ordnance, see § 137.06
Fire Department, see Ch. 35
Fire Engineer, see § 31.103
License to possess dangerous ordnance, see § 137.10
Vehicles carrying explosives, see § 74.36
Statutory reference:
Fire Marshal, fire safety, see R.C. Ch. 3737
Fireworks, state law provisions, see R.C. Ch. 3743
Ohio Fire Code, see O.A.C. Ch. 1301:7-7
Open burning, see O.A.C. Ch. 3745-19
Power to regulate explosives, see R.C. § 715.60
FIREWORKS AND EXPLOSIVES
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. Has 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. The same meaning as in R.C. § 3719.01.
DISCHARGE SITE. An area immediately surrounding the mortars used to fire aerial shells.
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. Ch. 3743, or any applicable rule adopted under this chapter or R.C. Ch. 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.
INTOXICATING LIQUOR. The same meaning as in R.C. § 4301.01.
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 WHOLESALE. 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)
(Prior Code, § 91.01)
(A) No person shall possess fireworks in this municipality or shall possess for sale or sell fireworks in this municipality, except a licensed manufacturer of fireworks as authorized by R.C. §§ 3743.02 to 3743.08, a licensed wholesaler of fireworks as authorized by R.C. §§ 3743.15 to 3743.21, a shipping permit holder as authorized by R.C. § 3743.40, a licensed fountain device retailer as authorized by R.C. § 3743.27, a person as authorized by R.C. §§ 3743.44 and 3743.45, or a licensed exhibitor of fireworks as authorized by R.C. §§ 3743.50 to 3743.55, or as authorized by any municipal ordinance that is substantially equivalent to any of these statutes, and except as provided in R.C. § 3743.80 or a substantially equivalent municipal ordinance.
(B) Except as provided in division (H), R.C. §§ 3743.45 and 3743.80 or a substantially equivalent municipal ordinance, and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to R.C. §§ 3743.50 through 3743.55 or a substantially equivalent municipal ordinance, no person shall discharge, ignite, or explode any fireworks in this municipality.
(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 18 years of age. No person under 18 years of age shall enter a fireworks sales showroom unless that person is accompanied by a parent, legal guardian or other responsible adult. No person under 18 years of age shall touch or possess fireworks on a licensed premises without the consent of the licensee. A licensee may eject any person from a licensed premises that is in any way disruptive to the safe operation of the premises.
(E) Except as otherwise provided in R.C. § 3743.44, no person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor or shipping permit holder shall possess 1.3G fireworks in the municipality.
(F) No person shall negligently discharge, ignite, or explode fireworks while in possession or control of, or under the influence of, any intoxicating liquor, beer, or controlled substance.
(G) No person shall negligently discharge, ignite, or explode fireworks on the property of another person without that person’s permission to use fireworks on that property.
(R.C. § 3743.65(A) - (E), (G), (H)) (Prior Code, § 91.02)
(H) Purchase, use, and local regulation of consumer-grade fireworks.
(1) Any person who intends to obtain possession in this state of 1.4G fireworks purchased in this state shall obtain possession of the 1.4G fireworks only from a licensed retailer, licensed manufacturer, or licensed wholesaler and shall be subject to this division (H).
(2) Any person authorized under this division (H) to possess 1.4G fireworks in this state may discharge, ignite, or explode those fireworks on private property, with authorization from the property owner, on the following days each year:
(a) January 1st;
(b) Chinese new year’s day;
(c) May 5th;
(d) The last Monday in May, and the Saturday and Sunday immediately preceding that day;
(e) June 19th;
(f) July 3rd, 4th, and 5th;
(g) The first Friday, Saturday, and Sunday before and after July 4th;
(h) The first Monday of September, and the Saturday and Sunday immediately preceding that day;
(i) Diwali;
(j) December 31st.
(3) Fireworks discharged, ignited, or exploded pursuant to this division (H) shall not be considered a public exhibition.
(4) The municipality may do either of the following:
(a) Restrict the dates and times a person may discharge, ignite, or explode fireworks purchased pursuant to this division (H).
(b) Ban the discharge, ignition, or explosion of fireworks purchased pursuant to this division (H).
(5) This division (H) does not limit the enforcement of any ordinance, resolution, or statute that regulates noise, disturbance of the peace, or disorderly conduct.
(R.C. § 3743.45) Penalty, see § 91.99
Statutory reference:
Felony offense for disabling a fire suppression system, see R.C. § 3743.65(F)
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