§ 93.99 PENALTY.

   (A)   Whoever violates any provision of this chapter for which another penalty is not specifically provided shall be subject to the penalty as provided in § 10.99.

   (B)   Fire code penalties.

      (1)   Criminal Penalties.

         (a)   Whoever violates § 93.04(A) is guilty of a misdemeanor of the first degree.

(R.C. § 3737.99(B))

         (b)   Whoever violates §§ 93.04(B) or 93.05 is guilty of a minor misdemeanor.

(R.C. § 3737.99(C))

         (c)   Whoever violates §§ 93.06 or 93.09 is guilty of a misdemeanor of the fourth degree. (R.C. § 3737.99(D))

         (d)   Whoever violates §§ 93.07 or 93.10 is guilty of a misdemeanor of the third degree.

(R.C. § 3737.99(E))

      (2)   Civil Penalties.

         (a)   Any person who has received a citation for a serious violation of the Ohio Fire Code or any order issued pursuant to it, shall be assessed a civil penalty of not more than $1,000 for each such violation.

         (b)   Any person who has received a citation for a violation of the Ohio Fire Code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than $1,000 for each such violation.

         (c)   Any person who fails to correct a violation for which a citation has been issued within a period permitted for its correction, may be assessed a civil penalty of not more than $1,000 for each day during which such failure or violation continues.

         (d)   Any person who violates any of the posting requirements, as prescribed by R.C. § 3737.42(C), shall be assessed a civil penalty of not more than $1,000 for each violation.

         (e)   Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged, and the history of the previous violations shall be given whenever a penalty is assessed under this chapter.

         (f)   For purposes of this section, a serious violation shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not with the exercise of reasonable diligence, know of the presence of the violation.

         (g)   Civil penalties imposed by this chapter shall be paid to the municipal chief fiscal officer for deposit into the general revenue fund. Such penalties may be recovered in a civil action in the name of the municipality brought in the Court of Common Pleas.

(R.C. § 3737.51(B) to (H))  (`94 Code, § 1501.99)

   (C)   (1)   Except as otherwise provided in division (C)(2) or (C)(3) of this section, whoever violates any provisions of §§ 93.40 through 93.47 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 R.C. § 3743.60(I) or R.C. § 3743.61(I), or a substantially similar municipal ordinance, a violation of § 93.43(E) is a felony to be prosecuted under appropriate state law.

      (3)   Whoever violates § 91.06(A) 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 § 91.06(A) 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.

(R.C. §3743.99(C), (D))  (`94 Code, §1519.99)