(A) The state fire marshal shall adopt rules pursuant to Chapter 119 of the Revised Code governing the storage of fireworks by and the business operations of licensed fountain device retailers. The rules shall be designed to promote the safety and security of employees of retailers, members of the public, and the premises upon which fireworks are sold.

Terms Used In Ohio Code 3743.28

  • 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 section 3743. See Ohio Code 3743.01
  • Fountain device: means a specific type of 1. See Ohio Code 3743.01
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Rule: includes regulation. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59

The state fire marshal shall file the rules required by this division with the joint committee on agency rule review pursuant to division (C) of section 119.03 of the Revised Code not later than one hundred eighty days after the effective date of this section.

(B) The rules shall be consistent with sections 3743.26 to 3743.29 of the Revised Code and the national fire protection association standard “NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles (2006 Edition)” and shall apply to, but not be limited to, the following subject matters:

(1) Cleanliness and orderliness in, the heating, lighting, and use of stoves and flame-producing items in, smoking in, the prevention of fire and explosion in, the availability of fire extinguishers or other fire-fighting equipment and their use in, and emergency procedures relative to the buildings and other structures on a retailer’s premises;

(2) The manner in which fountain devices are to be stored;

(3) Insurance to be maintained by licensed fountain device retailers.

Last updated December 9, 2021 at 4:10 PM