1519.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   (a)   “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.

   (b)   “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.

   (c)   “Beer” and “intoxicating liquor.” Have the same meaning as in Ohio R.C. 4301.01.

   (d)   “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.

   (e)   “Cigarette load.” A small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.

   (f)   “Controlled substance.” Has the same meaning as in Ohio R.C. 3719.01.

   (g)   “Explosive.” Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. “Explosive” 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. “Explosives” does not include “fireworks,” as defined in Ohio 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 Ohio 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 Ohio R.C. 3743.80 and the rules of the Fire Marshal adopted pursuant to Ohio R.C. 3737.82.

(ORC 2923.11)

   (h)   “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 Ohio R.C. 3743.80.

   (i)   “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.

   (j)   “Highway.” Any public street, road, alley, way, lane or other public thoroughfare.

   (k)   “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.

   (l)   “Licensed exhibitor of fireworks” or “licensed exhibitor.” A person licensed pursuant to Ohio R.C. 3743.50 through 3743.55.

   (m)   “Licensed manufacturer of fireworks” or “licensed manufacturer.” A person licensed pursuant to Ohio R.C. 3743.02 through 3743.08.

   (n)   “Licensed premises.” The real estate upon which a licensed manufacturer or wholesaler of fireworks conducts business.

   (o)   “Licensed wholesaler of fireworks” or “licensed wholesaler.” A person licensed pursuant to Ohio R.C. 3743.15 through 3743.21.

   (p)   “Manufacturing of fireworks.” The making of fireworks from raw materials, none of which in and of themselves constitute fireworks, or the processing of fireworks.

   (q)   “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.

   (r)   “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.

   (s)   “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.

   (t)   “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.

   (u)   “retail sale” or “sell at retail.” A sale of fireworks to a purchaser who intends to use the fireworks and not to resell them.

   (v)   “Smoke device.” A tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.

   (w)   “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.

   (x)   “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.

   (y)   “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.

   (z)   “Wholesale sale” or “sell at wholesale.” A sale of fireworks to a purchaser who intends to resell the fireworks so purchased.

   (aa)   “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.

(ORC 3743.01)