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2000 Fireworks F.A.Q.

 

What Types of Fireworks are Legal in Ohio?

The question comes up: "What fireworks are legal to use in the State of Ohio?"

The answer is, several types of fireworks are exempt under Ohio Revised Code Section 3743.80 including toy pistols, toy canes, toy guns, novelties, trick noisemakers, sparklers, punk, smoke items, snakes and snap and toy trick novelties. Items that smoke, pop and sparkle in place are exempt and they can be stored, sold and used without state regulation. Some communities have banned these items under local code and ordinance and a review of local rules and regulations needs to be completed before the use of exempt items.

As we travel the state large signs can be seen that advertise "FIREWORKS". We observe people stopping and buying fireworks - both exempt and non-exempt. The latter is sometimes called consumer fireworks or 1.4G fireworks.

How is this possible? The answer is, we have 52 licensed facilities that can sell fireworks in the State of Ohio. Of the 52 licensed facilities 9 can manufacture fireworks. The 52 license holders can legally sell non-exempt fireworks (1.4G). However, purchasers must sign an affidavit stating they will be taking the fireworks to a designated out-of-state address. Ohio residents must take the fireworks out of Ohio within 48 hours and out-of -state residents must do so within 72 hours.

No one may legally use 1.4G fireworks in this State of Ohio unless they are a licensed exhibitor and has a written variance from the State Fire Marshal. The variance must state that the 1.4G is going to be used at an exhibition of Fireworks approved by the Fire Safety Inspector at the site of the exhibition.

In Ohio we have two types of Firework’s Exhibitor Licenses:

• Fireworks Exhibitor (NFPA 1123) This license is required to acquire a permit for the exhibition of fireworks. The authority having jurisdiction (AHJ) where the exhibition is going to take place issues this permit. This license is used for display fireworks (1.3G), which are the type we associate with our annual city sponsored fireworks display.
• Pyrotechnics Exhibitor (NFPA 1126) This is a license to use a special type of fireworks identified as Pyrotechnics Special Effects at indoor or outdoor events or a theatrical event. The fireworks are classified as 1.4S or 1.4G UN0431 products to be used before a proximate audience (not sold to the public).

Every show must have a permit issued by the "AHJ" with the proper insurance, assistants, qualifications, and types of devices, storage, and certifications. The burden of making fireworks a fun safe experience is an ever-tasking challenge to the men and women of the industry, fire service, and State Fire Marshal's Office. It is only through training, understanding, and professionalism that we can bring a sense of safety and security to our friends and family in the long tradition of viewing display fireworks and by the safe use of exempt fireworks.

 

Are There Penalties for Improperly Filling out a affidavit or purchaser form?

First time violations of fireworks laws are first degree misdemeanors, punishable by up to a $1000 fine and six months in jail. Subsequent violations are a fifth degree felony. Violations include falsifying the purchaser form, failing to fill it out, failing to transport fireworks out of state within the specified time period, and discharging fireworks. In addition to criminal prosecution, licensed fireworks manufacturers and wholesalers are subject to administrative action for violations.

 

What are Some Safety Tips for Those who Choose to Use Fireworks?

All fireworks are inherently dangerous. Consumer fireworks (1.4G) cannot be legally discharged in Ohio. For those who choose to use novelty items, the State Fire Marshal urges extreme caution. While legal, these can still pose serious health problems, including severe burns, injuries to the hands, eyes and face, and even blindness or hearing loss. For example, sparklers burn at up to 1800°, hot enough to melt gold. The risk of severe burns is real. In addition, puncture-type injuries to the eye are not uncommon. Also, most fireworks require a source of ignition, creating other hazards associated with supplying children with matches or lighters. The safest way to enjoy fireworks is to attend a show by a licensed exhibitor.

 

How Many Injuries Result From Fireworks Use?

The U.S. Consumer Product Safety Commission estimates that in 1998, 8,500 people were treated in hospital emergency rooms for injuries associated with fireworks. Approximately 55 percent of the injuries were burns. Most of the burns involved the hands, eyes and head. Nearly 40 percent of the victims were under 15 years of age. There is no system for tracking such injuries in Ohio.

 

What is the State Fire Marshal Doing in 2000?

While the Department of Commerce believes that all fireworks are inherently dangerous and does not condone the sale or personal use of fireworks, it has taken several steps to increase fireworks safety, both in showrooms and for public exhibitions. The first of these steps was the appointment of a full time fireworks administrator last fall. Dave Schroeder is co-author of a textbook on combating arson for profit and is experienced in the criminal justice systems as it relates to arson and explosive matters. His focus will be on the regulation and education of the fireworks industry and those involved in the exhibition of fireworks. This year, the Fireworks Fire Suppression System Task Force made its report to the Ohio General Assembly and Administration. The report endeavored to identify and study fire suppression systems for buildings of licensed fireworks manufactures and wholesalers. The Task Force engaged Battelle Institute as the contractor to perform full-scale fire tests. The facilities used represented a fully stocked showroom of fireworks, set on fire with resulting review for the "effectiveness" as it related to life safety and ability of a suppression system. The findings are being studied and it appeared that the Early Suppression Fast Response (ESFR) system had a suppression effect on the fire. The report is also being reviewed by the NFPA.

In 1999, to improve safety at exhibitions, we were part of a three-day training class in Berea and in-service training at 8 different locations throughout the state. These classes were for certified fire safety inspectors, the individuals responsible for overseeing the safety aspects of local exhibitions. The courses helped familiarize the inspectors with fireworks law and showed them various aspects of safe fireworks exhibition. The Marshal’s office changed Ohio Administrative code to prevent the use of plastic ties to secure mortar racks, and worked with the National Fire Protection Association to better define in national codes on how mortars must be secured. In addition, the State Fire Marshal has implemented a fireworks incident team plan of operations to respond to the scene of any fireworks accident to investigate and assist local authorities.

In order to improve showroom safety, we have more closely defined the responsibilities of the security officers required to be in all showrooms from 14 days before until two days after the 4^th of July. Ohio law requires one annual inspection prior to the December licensing of fireworks facilities, but we have established a goal to inspect each facility three times in June and early July, and an additional time by a management audit team.

 

What is the Process for Fireworks Exhibitions?

Fireworks exhibitions can only be performed by licensed fireworks exhibitors. There are approximately 561 exhibitors in Ohio. All employees of exhibitors must be registered with the State Fire Marshal. As of June 14, 2000 licensed exhibitors had registered 1,576 assistants. Exhibitors must undergo six hours of training on fireworks laws and safety every three years, and must, in turn, relay that training to all employees on an annual basis.

A permit from local authorities is required for all exhibitions. That permit requires the signature of both the local fire chief and law enforcement official. It specifies the date, time, location and various other parameters of how the exhibition will take place. Law requires an inspection of the shoot site before, during and after the exhibition. During the shoot, only exhibitors, registered employees and the certified fire safety official are allowed within the perimeter of the shoot area.

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