(A)(1) The state fire marshal shall adopt rules in accordance with Chapter 119 of the Revised Code regulating the time, manner, and location of 1.4G fireworks discharged, ignited, or exploded under section 3743.45 of the Revised Code. The rules may include provisions requiring that all fireworks be used only in accordance with manufacturer’s instructions and provisions for all of the following:

Terms Used In Ohio Code 3743.451

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • 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.
  • Property: means real and personal property. See Ohio Code 1.59
  • Rule: includes regulation. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59

(a) The use of aerial fireworks;

(b) Separation distances between the location of fireworks discharges, ignitions, or explosions and adjacent structures, roadways, railroads, airports, publicly owned or controlled places, and places where hazardous materials are manufactured, used, or stored;

(c) Fireworks usage at common areas of multitenant properties;

(d) The suspension of fireworks discharges, ignitions, or explosions during times of drought or similar conditions;

(e) The proximity of fireworks discharges, ignitions, or explosions to persons under eighteen years of age;

(f) Any other matters similar to those listed in division (A)(1) of this section.

(2) 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)(1) Nothing in division (A) of this section shall be construed to limit the authority of a county, township, or municipal corporation under division (D) of section 3743.45 of the Revised Code to restrict the dates and times or ban the discharge, ignition, or explosion of fireworks purchased under section 3743.45 of the Revised Code.

(2) Rules adopted pursuant to this section shall permit consumers, who are at least eighteen years of age, to safely and responsibly use 1.4G fireworks on their own private property, or any private property to which they have express consent from the property owner.

(3) Rules adopted pursuant to this section shall not be constructed as a de facto ban on the consumer discharge of fireworks. It is the intent of the general assembly to allow consumers to discharge 1.4G fireworks in a safe and reasonable manner.

Last updated December 9, 2021 at 4:15 PM

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