(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 (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.
(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 one hundred (100) grams of this mixture.
(22) “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:
A. The handling or other use, or the results of the handling or other use, of fireworks or associated equipment or other materials;
B. The failure of any person to comply with any applicable requirement imposed by this section or Ohio R.C. Chapter 3743, or any applicable rule adopted under this section or Ohio R.C. Chapter 3743.
(23) “Discharge site.” An area immediately surrounding the mortars used to fire aerial shells.
(24) “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.
(25) “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 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.
(26) “List of licensed exhibitors.” The list required by R.C. § 3743.51(C).
(27) “List of licensed manufacturers.” The list required by R.C. § 3743.03(C).
(28) “List of licensed wholesalers.” The list required by R.C. § 3743.16(C).
(29) “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.
(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 (72) 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.
(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.
(d) Purchasing and Transporting.
(1) No person who purchases fireworks in this state shall obtain possession of the fireworks in this state unless the person complies with Ohio R.C. 3743.44 to 3743.46.
(2) Except for the purchase of 1.4G fireworks made under Ohio R.C. 3743.45, 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 1.3G fireworks, to transport them directly out of this state within seventy-two hours after the time of their purchase.
(3) No person who purchases fireworks in this state under Ohio R.C. 3743.45 shall give or sell to any other person in this state fireworks that the person has acquired in this state (see Ohio R.C. 3743.63).
(Ord. 2022-036AB. Passed 8-15-22.)
(e) Exhibitions.
(1) An exhibitor of fireworks licensed under Ohio R.C. 3743.50 through 3743.55 who wishes to conduct a public fireworks exhibition shall apply for approval to conduct the exhibition 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, having jurisdiction over the premises.
(2) The approval required by paragraph (e)(1) hereof 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 similar chief law enforcement officer, signing a permit for the exhibition. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the State Fire Marshal or, if available, from the Fire Chief, a fire prevention officer, the Police Chief or other similar chief law enforcement officer, or a designee of the Police Chief or other similar chief law enforcement officer.
(3) 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 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 his or her license as an exhibitor of fireworks to the Fire Chief or fire prevention officer.
(4) 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 State Fire Marshal pursuant to Ohio R.C. 3743.53(B) and (E) 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.
(5) If the Council has prescribed a fee for the issuance of a permit for a public fireworks exhibition, the Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or their designee, shall not issue a permit until the exhibitor pays the requisite fee.
(6) 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 person or property emanating from the fireworks exhibitor, or proof of insurance coverage of at least one million dollars for liability arising from injury, death, or loss of persons or property emanating from the fireworks exhibition. The Council may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this division. The Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, 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 Council.
(7) Each permit for a fireworks exhibition issued 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, shall contain a distinct number, designate the municipality, 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 designee of the Police Chief or other similar chief law enforcement officer, issuing it to the State Fire Marshal. A permit is not transferable or assignable.
(8) The Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or designee of the 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, Police Chief or other similar chief law enforcement officer, or designee of the Police Chief or other similar chief law enforcement officer, 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 and political subdivision designation of the permit issued to the exhibitor for the exhibition.
(9) The Council 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 section and Ohio R.C. Chapter 3743.
(10) No licensed exhibitor of fireworks shall fail to comply with the applicable requirements of the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.53(B) and (E) or fail to comply with Ohio R.C. 3743.53(C) and (D).
(11) 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 in consultation with the Police Chief of the Municipality pursuant to that section.
(12) 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.
(13) 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.
(14) 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.
(15) No Fire Chief or Fire Prevention Officer, in consultation with the Police Chief or law enforcement officer, shall fail to conduct an inspection, complete the requisite checklist while conducting the inspection, or provide a copy of the completed checklist to the State Fire Marshal in accordance with Ohio R.C. 3743.53(F) and the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.53(E)(1)(b).
(16) No licensed exhibitor of fireworks shall fail to comply with the applicable requirements of the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.53(B) and (E) or to comply with Ohio R.C. 3743.53(C) and (D).
(17) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to Ohio R.C. 3743.54 or a substantially equivalent municipal ordinance, 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, or with a designee of a Police Chief or other similar chief law enforcement officer, pursuant to those sections.
(18) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with Ohio R.C. 3743.54 and 3743.55, or a substantially equivalent municipal ordinance.
(19) 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.
(20) 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.
(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 (18) years of age. No person under eighteen (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 eighteen (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.
(5) 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.
(6) 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.
(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.
(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 the sale to the armed forces of the United States and the militia of this state, as recognized by the Adjutant General of Ohio, 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 (0.25) 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 (1/4) 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 two hundred (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.
(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 606.25 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.
(j) Penalty.
(1) Except as otherwise provided in division (j)(2) or (j)(3) of this section, whoever violates any provisions of this section is guilty of a misdemeanor of the first degree.
(2) If the offender previously has been convicted of or pleaded guilty to a violation of division (b)(5) or division (c) of this section, Ohio R.C. 3743.60(I) or Ohio R.C. 3743.61(I), or a substantially equivalent municipal ordinance, a violation of either division (b)(5) or division (c) of this section is a felony to be prosecuted under appropriate State law.
(3) Whoever violates division (e)(6) of this section 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 (5) years. If the violation of division (e)(6) of this section results in a
serious 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 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.
(3) Whoever violates division (e)(10) of this section 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. If the violation of division (e)(10) of this section results in serious 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.
(4) Whoever violates division (f)(6) of this section is guilty of a felony, to be prosecuted under appropriate state law.