Vote Smart's Synopsis:

Vote to pass a bill that amends the state's fireworks laws.

Highlights:

• Authorizes any person who wishes to be a licensed manufacturer of fireworks in this state at the end of the period described, and who does not already hold a license as a manufacturer of fireworks that will run through that date, to apply for licensure not less than two months before the expiration of the period (Sec. 3743.021).

• Authorizes the ownership of a manufacturer of fireworks license to be transferred to another person for the same fireworks plant for which the license was issued, or approved if the assets of the plant are transferred to that person by inheritance or by a sale approved by the state fire marshal (Sec. 3743.04.D-1).

• Authorizes the state fire marshal to inspect the premises, and the inventory, wholesale sale, and retail sale records, of a licensed wholesaler of fireworks during the wholesaler's period of licensure to determine whether the wholesaler complies with Chapter 3743 (Sec. 3743.21.A).

• Establishes a fee is imposed on licensed retailers, licensed manufacturers, and licensed wholesalers selling 1.4G fireworks in this state. The fee equals 4% of the gross receipts of a licensed manufacturer or licensed wholesaler from retail sales of 1.4G fireworks in this state made 100 or more days after the effective date of this law (Sec. 3743.22.B).

• Requires an applicant for licensure as a fountain device retailer to submit all of the following with the application (Sec. 3743.26-2):

• A license fee in an amount set by the state fire marshal, not to exceed twenty-five dollars;

• An affidavit affirming that the applicant is in compliance with the national fire protection association standards or will be in compliance before engaging in the storage or retail sale of fountain devices; and

• Proof of insurance in an amount and of a type specified by the state fire marshal in rules adopted.

• Specifies if the state fire marshal determines that an application submitted according to division (C)(1) of this section meets the requirements of this section, the state fire marshal shall issue the applicant a license as follows (Sec. Sec. 3743.26-2-2):

• If the application was submitted between the first day of October and the last day of November, not earlier than the first day of December but not later than two months after receiving the application;

• If division (D)(2)(a) of this section does not apply, not later than two months after receiving the application.

• Authorizes the state fire marshal to take one or more of the following actions, whichever the state fire marshal considers appropriate under the circumstances (Sec. 3743.29.B):

• Order, in writing, the retailer to eliminate, correct, or otherwise remedy the nonconformities within a specified period;

• Order, in writing, the wholesaler to immediately cease the storage and related sale of fountains;

• Revoke, or deny renewal of, the license of the retailers.

• 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 following the 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 multitenant properties;

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

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

• Any other matters similar to those listed.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the state's fireworks laws.

Highlights:

• Authorizes any person who wishes to be a licensed manufacturer of fireworks in this state at the end of the period described, and who does not already hold a license as a manufacturer of fireworks that will run through that date, to apply for licensure not less than two months before the expiration of the period (Sec. 3743.021).

• Authorizes the ownership of a manufacturer of fireworks license to be transferred to another person for the same fireworks plant for which the license was issued, or approved if the assets of the plant are transferred to that person by inheritance or by a sale approved by the state fire marshal (Sec. 3743.04.D-1).

• Authorizes the state fire marshal to inspect the premises, and the inventory, wholesale sale, and retail sale records, of a licensed wholesaler of fireworks during the wholesaler's period of licensure to determine whether the wholesaler complies with Chapter 3743 (Sec. 3743.21.A).

• Establishes a fee is imposed on licensed retailers, licensed manufacturers, and licensed wholesalers selling 1.4G fireworks in this state. The fee equals 4% of the gross receipts of a licensed manufacturer or licensed wholesaler from retail sales of 1.4G fireworks in this state made 100 or more days after the effective date of this law (Sec. 3743.22.B).

• Requires an applicant for licensure as a fountain device retailer to submit all of the following with the application (Sec. 3743.26-2):

• A license fee in an amount set by the state fire marshal, not to exceed twenty-five dollars;

• An affidavit affirming that the applicant is in compliance with the national fire protection association standards or will be in compliance before engaging in the storage or retail sale of fountain devices; and

• Proof of insurance in an amount and of a type specified by the state fire marshal in rules adopted.

• Specifies if the state fire marshal determines that an application submitted according to division (C)(1) of this section meets the requirements of this section, the state fire marshal shall issue the applicant a license as follows (Sec. Sec. 3743.26-2-2):

• If the application was submitted between the first day of October and the last day of November, not earlier than the first day of December but not later than two months after receiving the application;

• If division (D)(2)(a) of this section does not apply, not later than two months after receiving the application.

• Authorizes the state fire marshal to take one or more of the following actions, whichever the state fire marshal considers appropriate under the circumstances (Sec. 3743.29.B):

• Order, in writing, the retailer to eliminate, correct, or otherwise remedy the nonconformities within a specified period;

• Order, in writing, the wholesaler to immediately cease the storage and related sale of fountains;

• Revoke, or deny renewal of, the license of the retailers.

• 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 following the 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 multitenant properties;

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

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

• Any other matters similar to those listed.

Full Bill Text