Vetoed by Governor Mike DeWine

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that authorizes the legal sale of fireworks.

Highlights:

• Defines "fireworks" as any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, except ordinary matches (Sec. 1.F).

• Establishes the license of a manufacturer of fireworks is effective for one year beginning on the first day of December, and the state fire marshal shall issue or renew a license only on that date and at no other time (Sec. Sec. 3743.04.A).

• Requires a licensed manufacturer to maintain comprehensive general liability insurance coverage at all times. Each policy of insurance required under this division will contain a provision requiring the insurer to give not less than 15 days' prior written notice to the state fire marshal before termination, lapse, or cancellation of the policy, or any change in the policy that reduces the coverage below the minimum required under this division (Sec. 3743.04.G).

• Authorizes any person who possess 1.4G fireworks in this state to discharge, ignite, or explode those fireworks on private property, with authorization from the property owner, on the following days each year (Sec. 3743.45.B):

• The first day of January;

• Chinese new year's day;

• The fifth day of May;

• The last Monday in May, and the Saturday and Sunday immediately preceding that day;

• The 19 day of June;

• The third, forth, and fifth days of July;

• The first Friday, Saturday, and Sunday before and after the forth day of July;

• The first Monday of September, and the Saturday and Sunday immediately preceding that day;

• Diwali;

• The 31 day of December; and

• Legal holidays,

• Requires the state fire marshal to adopt rules regulating the time, manner, and location of 1.4G fireworks discharged, ignited, or exploded. 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 (Sec. 3743.451.A-1):

• The use of aerial fireworks;

• 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;

• Fireworks usage at common areas of multi tenant properties;

• The suspension of fireworks discharges, ignitions, or explosions during times of drought or similar conditions; and

• The proximity of fireworks discharges, ignitions, or explosions to persons under 18 years of age;

• Requires a licensed retailer, licensed manufacturer, or licensed wholesaler to furnish a copy of a safety pamphlet to each purchaser of 1.4G fireworks. In addition to any safety information the licensed retailer, licensed wholesaler, or licensed manufacturer wishes to include, the pamphlet must include various statements on consumer safety (Sec. 3743.47.A).

• Prohibits the state fire marshal from issuing a variance allowing hobbyist activities to a person unless the person does all of the following (Sec. 3743.59-2.b):

• Demonstrates that the person has experience, education, and training in pyrotechnics necessary to protect public safety when engaging in hobbyist activities;

• Demonstrates that the person has, compliant with all applicable federal, state, and local laws, proper methods and locations to safely acquire, store, and use explosives, pyrotechnics, or similar raw materials for the manufacture of 1.3G fireworks and 1.4G fireworks; and

• Provides any other information or records the state fire marshal considers necessary to protect public safety during the person's hobbyist activities.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes the legal sale of fireworks.

Highlights:

• Defines "fireworks" as any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, except ordinary matches (Sec. 1.F).

• Establishes the license of a manufacturer of fireworks is effective for one year beginning on the first day of December, and the state fire marshal shall issue or renew a license only on that date and at no other time (Sec. Sec. 3743.04.A).

• Requires a licensed manufacturer to maintain comprehensive general liability insurance coverage at all times. Each policy of insurance required under this division will contain a provision requiring the insurer to give not less than 15 days' prior written notice to the state fire marshal before termination, lapse, or cancellation of the policy, or any change in the policy that reduces the coverage below the minimum required under this division (Sec. 3743.04.G).

• Authorizes any person who possess 1.4G fireworks in this state to discharge, ignite, or explode those fireworks on private property, with authorization from the property owner, on the following days each year (Sec. 3743.45.B):

• The first day of January;

• Chinese new year's day;

• The fifth day of May;

• The last Monday in May, and the Saturday and Sunday immediately preceding that day;

• The 19 day of June;

• The third, forth, and fifth days of July;

• The first Friday, Saturday, and Sunday before and after the forth day of July;

• The first Monday of September, and the Saturday and Sunday immediately preceding that day;

• Diwali;

• The 31 day of December; and

• Legal holidays,

• Requires the state fire marshal to adopt rules regulating the time, manner, and location of 1.4G fireworks discharged, ignited, or exploded. 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 (Sec. 3743.451.A-1):

• The use of aerial fireworks;

• 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;

• Fireworks usage at common areas of multi tenant properties;

• The suspension of fireworks discharges, ignitions, or explosions during times of drought or similar conditions; and

• The proximity of fireworks discharges, ignitions, or explosions to persons under 18 years of age;

• Requires a licensed retailer, licensed manufacturer, or licensed wholesaler to furnish a copy of a safety pamphlet to each purchaser of 1.4G fireworks. In addition to any safety information the licensed retailer, licensed wholesaler, or licensed manufacturer wishes to include, the pamphlet must include various statements on consumer safety (Sec. 3743.47.A).

• Prohibits the state fire marshal from issuing a variance allowing hobbyist activities to a person unless the person does all of the following (Sec. 3743.59-2.b):

• Demonstrates that the person has experience, education, and training in pyrotechnics necessary to protect public safety when engaging in hobbyist activities;

• Demonstrates that the person has, compliant with all applicable federal, state, and local laws, proper methods and locations to safely acquire, store, and use explosives, pyrotechnics, or similar raw materials for the manufacture of 1.3G fireworks and 1.4G fireworks; and

• Provides any other information or records the state fire marshal considers necessary to protect public safety during the person's hobbyist activities.

Full Bill Text