There are three types of fireworks in Ohio; trick and novelty, 1.3G (display fireworks) and 1.4G (consumer fireworks).

Trick and Novelty Fireworks

Trick and novelty fireworks include items such as sparklers, snaps, glow snakes and smoke bombs. These can be sold anywhere in Ohio and can be used anywhere in Ohio.

1.3.G Fireworks

These are also known as display fireworks and include items such as aerial shells that are fired from mortars. They can only be sold by a licensed manufacturer or wholesaler to a licensed manufacturer, wholesaler or exhibitor. They can only be discharged by a licensed exhibitor in accordance with Ohio laws regarding exhibitions.

1.4G Fireworks

These are commonly referred to as consumer fireworks. They include items such as firecrackers, bottle rockets, roman candles and fountains. These can only be sold by a licensed manufacturer or wholesaler. Anyone over the age of 18 may purchase these items, but must sign a form stating that they will transport the fireworks outside the state of Ohio within 48 hours (or 72 for non-residents of Ohio). These fireworks cannot legally be discharged in the state of Ohio.

There are 43 licensed wholesalers in Ohio. A licensed wholesaler may sell trick and novelty, 1.3G and 1.4G fireworks. In addition, there are nine licensed manufacturers. They may manufacture fireworks as well as sell fireworks. In total, this makes 52 licensees who are authorized to sell fireworks in Ohio. There is currently a moratorium preventing the issuance of any new licenses.

A purchaser form is required to be filled out when purchasing 1.4G fireworks. It requires the purchaser to certify that he will transport the fireworks out of state within 48 hours if he is an Ohio resident and 72 hours if he is not. A destination must be given.

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.

All fireworks are inherently dangerous. Consumer fireworks 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.

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.

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.

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 500 exhibitors in Ohio. All employees of exhibitors must be registered with the State Fire Marshal. As of June 11, 1999, licensed exhibitors had registered 1,174 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 registered employees and the certified fire safety official are allowed within the perimeter of the shoot area.