Resolution 29-22
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: June 7, 2022
Initiated By: Justin Páez, Chief of Police
Jennifer D. Readler, Law Director
Re: Resolution No. 29-22
A resolution addressing the provisions of Amended Substitute House Bill
172 regarding the purchase and use of fireworks
Background
On October 27, 2021, the Ohio General Assembly passed Amended Substitute House Bill 172
(“H.B. 172”) concerning, among other things, the regulation, possession, discharge, ignition,
and explosion of fireworks in Ohio. On November 8, 2021, Governor DeWine signed H.B. 172
into law. H.B. 172 generally permits individuals in Ohio to purchase and discharge, ignite, or
explode fireworks within the state. However, H.B. 172 also permits political subdivisions to (1)
prohibit the use of fireworks, (2) regulate the timeframe between which fireworks may be used,
(3) regulate the days on which fireworks may be used, or (4) regulate the use of fireworks
through the enforcement of ordinances or resolutions that regulate noise, disturbing the peace,
or disorderly conduct. The provision of H.B. 172 that permits individuals to purchase, ignite, and
explode fireworks within the state goes into effect on July 1, 2022.
The City of Dublin previously enacted its own regulations regarding the sale, possession,
discharge, ignition, or explosion of fireworks under Chapter 93 and Section 96.23(E) of the City
Code. Sections 93.21 and 93.22 generally outline the permit process for fireworks exhibitors
and what conduct is prohibited by exhibitors. Section 93.23 regulates the sale, possession, and
discharge, ignition, or explosion of fireworks for residents as well as manufacturers,
wholesalers, shipping permit holders, and out-of-state residents. Section 93.24 describes when
the fireworks subchapter is not applicable, for example during emergency situations. Section
96.23(E) regulates the use of fireworks in public parks.
The Washington Township Fire Chief Alec O’Connell and the City of Dublin Police Chief Justin
Páez conferred on this matter and recommend that the City continue to prohibit the sale of
fireworks by unlicensed entities as well as the discharge, ignition, or explosion of fireworks
within the City.
This resolution would reaffirm the City’s intent to continue to enforce the current Code
provisions regarding fireworks, including the regulations regarding the sale, possession,
discharge, ignition, or explosion of fireworks within the City.
Recommendation
Staff recommends approval of Resolution No. 29 - 22 at the June 13, 2022 meeting.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017
Phone: 614-410-4400 Memo
EXHIBIT A
HOUSE BILL 172
LEGISLATIVE
SUMMARY
December 13, 2021
OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research
and Drafting
Legislative Budget
Office www.lsc.ohio.gov
H.B. 172
134th General Assembly
Final Analysis
Click here for H.B. 172’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsors: Reps. Baldridge and O’Brien
Effective date: Emergency: certain provisions effective November 4, 2021; other provisions
effective February 7, 2022, or July 1, 2022
Effective Date:
Andrew Little, Attorney
SUMMARY
Effective November 4, 2021
Extends a general moratorium on the issuance of new, and geographic transfer of
existing, fireworks manufacturer or wholesaler licenses from December 31, 2021, to
December 31, 2022.
Establishes a one-time license application and issuance date, outside of the normal
fireworks manufacturer and wholesaler licensing timeline, at the end of the new license
moratorium.
Effective February 7, 2022
Establishes the Ohio Fire Code Rule Recommendation Committee to review the
Fireworks Law and make recommendations to the State Fire Marshal.
Requires the State Fire Marshal to adopt rules regulating the time, manner, and location
of consumer fireworks use.
Imposes a 4% fee on the retail sale of consumer grade fireworks , beginning May 18,
2022.
Credits revenue from the new fee to fund firefighter training programs and the State
Fire Marshal’s administration of the Fireworks Law.
Creates a new license allowing retailers to sell ground-based or hand-held sparklers
called “fountain devices.”
Requires the State Fire Marshal to enforce the new provisions for fountain device
retailers and to adopt related rules.
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Increases from 5,000 to 7,500 square feet the maximum floor area of a retail sales
showroom, to which the public has access, that a licensed fireworks manufacturer or
wholesaler uses to sell consumer grade fireworks, but requires expanded showrooms to
be equipped with sprinkler systems meeting a specific standard.
Establishes that the “state militia” for purposes of an existing exemption from the
Fireworks Law is the state militia as recognized by the Adjutant General of Ohio.
Effective July 1, 2022
Allows individuals to possess consumer-grade fireworks in Ohio, eliminating a
requirement that purchasers transport consumer-grade fireworks out of the state within
48 hours of purchase.
Allows any person authorized to possess consumer grade fireworks to discharge them
on their own property or on another person ’s property with permission on the following
days:
New Year’s Day;
Chinese New Year;
Cinco de Mayo;
Memorial Day weekend;
Juneteenth;
July 3, 4, and 5, and the Fridays, Saturdays, and Sundays preceding and following;
Labor Day weekend;
Diwali;
New Year’s Eve.
Permits local governments to restrict the dates and times that individuals may discharge
consumer-grade fireworks or to impose a complete ban on the use of consumer -grade
fireworks.
Requires licensed retailers, manufacturers, and wholesalers selling consumer grade
fireworks to the general public to offer safety glasses at the point of sale, for free or a
nominal charge.
Requires licensed retailers, manufacturers, and wholesalers selling consumer grade
fireworks to the general public to also provide purchasers with a safety pamphlet that
contains, at a minimum, specified information.
Prohibits discharging fireworks (1) while in possession of, or under the influence of,
alcohol or a controlled substance, or (2) on the property of another without the
property owner’s permission.
Allows the State Fire Marshal to suspend a fireworks manufacturer or wholesaler license
if the licensee has violated the Fireworks Law or the State Fire Marshal ’s rules.
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Prohibits the State Fire Marshal from unreasonably withholding a variance tha t would
allow hobbyists to manufacture, possess, and use individual display-grade and
consumer-grade fireworks and requires cause for revocation of a hobbyist variance.
Requires hobbyists seeking variances to demonstrate that they can engage in the hobby
safely and legally, and limits hobbyists to possession of five pounds of raw materials and
finished fireworks produced through the hobby.
TABLE OF CONTENTS
Effective November 4, 2021, due to emergency clause ................................................................. 4
Geographic transfer moratorium ................................................................................................ 4
Fireworks license moratorium and one-time license period ...................................................... 4
Fire Code Rule Recommendation Committee ............................................................................ 5
Rules for consumer-grade fireworks use .................................................................................... 6
Consumer-grade fireworks fee .................................................................................................... 6
Fountain device retailer licenses ................................................................................................. 7
General licensing process ....................................................................................................... 7
Special licensing circumstances .............................................................................................. 8
Licensed fountain device retailer operations ......................................................................... 8
Rules for fountain device retailers ......................................................................................... 9
Enforcement authority ......................................................................................................... 10
Showroom size .......................................................................................................................... 10
Militia exemption ...................................................................................................................... 11
Effective July 1, 2022 .................................................................................................................... 11
Consumer-grade fireworks ........................................................................................................ 11
Purchase and possession ...................................................................................................... 11
Use and regulation .................................................................................................................... 11
Display-grade fireworks ................................................................................................................ 12
New prohibitions........................................................................................................................... 12
Licensee discipline ..................................................................................................................... 13
Exemptions to the Fireworks Law ............................................................................................. 13
Licensing variances ............................................................................................................... 13
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DETAILED ANALYSIS
Effective November 4, 2021, due to emergency clause
The act includes an emergency clause for provisions extending a moratorium on the
issuance of new fireworks manufacturer and wholesaler licenses and the geographic transfer of
existing licenses. Due to the emergency clause, those provisions took effect November 4, 2021.1
Geographic transfer moratorium
The act extends for one year the moratorium on the geographic transfer of fireworks
manufacturer and wholesaler licenses, which was scheduled to expire on December 31, 2021.
Under the act, this moratorium is set to expire on December 31, 2022.2
Fireworks license moratorium and one-time license period
The act also extends the general moratorium on the issuance of new fireworks
manufacturer and wholesaler licenses for a particular plant or location. Under prior law, the
moratorium applied to all persons except those who already possessed a license for that plant
or location immediately prior to June 29, 2001, and would have expired on December 31, 2021.
The act extends the moratorium until December 31, 2022, and allows renewal of licenses that
were geographically transferred under exceptions to the transfer moratorium created by the
2021 Transportation Budget, H.B. 74 of the 134th General Assembly.
To coincide with the planned end of the new-license moratorium, the act establishes a
one-time license period for new fireworks manufacturers and wholesalers. Any person who
does not hold a fireworks manufacturer license that will run through January 1, 2023, may
submit an application for one by November 1, 2022. If the application meets the requirements
for licensure, the State Fire Marshal must issue a license on January 1, 2023.
Licenses issued at the end of the moratorium will run through November 30, 2023. The
issuance date and license period are a departure from continuing law ’s usual requirements,
which only allow fireworks manufacturer and wholesaler licenses to be issued on the first day
of December, with a one-year duration.
Under the act, after the moratorium expires, the State Fire Marshal may issue new
fireworks manufacturer and wholesaler licenses, but those licenses must not be approved in a
manner that unduly burdens the State Fire Marshal’s ability to ensure public safety.3
1 Sections 3 and 5.
2 R.C. 3743.75(A)(2).
3 R.C. 3743.021, 3743.041, 3743.151, 3743.171, and 3743.75(A), (D), and (E).
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Effective February 7, 2022
Several of the act’s provisions take effect on February 7, 2022.4 Those provisions are
discussed in this section.
Fire Code Rule Recommendation Committee
The act creates the Ohio Fire Code Rule Recommendation Committee to review the
Fireworks Law and make recommendations to the State Fire Marshal. At a minimum, the
Committee must make recommendations relating to:
Fireworks wholesaler and manufacturer licensing and operations;
Consumer-grade fireworks purchases;
The moratorium on licenses described above;
Building code requirements for 1.3G display-grade fireworks manufacturing facilities;
and
A licensing program for fireworks wholesalers and manufacturers.
The Committee must meet periodically, with a first meeting by February 17, 2022. It
must submit its report and recommendations to the State Fire Marshal by May 18, 2022.
The Committee is to be made up of the following individuals:
1. The State Fire Marshal, or the State Fire Marshal’s designee;
2. Four local fire chiefs appointed by the Ohio Fire Chiefs ’ Association, or appointed by the
Association’s designee;
3. A local police chief appointed by the Attorney General, or the Attorney General’s
designee;
4. Five members of the Ohio State Pyrotechnics Association, appointed by the president of
the Association, one of whom must be a licensed wholesaler, one of whom must be a
licensed exhibitor, and one of whom must be a licensed manufacturer;
5. One member of Prevent Blindness Ohio, or the organization ’s designee;
6. One member of the Ohio Optometric Association or the association ’s designee;
7. One member of the Ohio Pyrotechnic Arts Guild or the guild’s designee;
8. One representative of the Ohio Chapter of the American Academy of Pediatrics,
appointed by the chapter president;
9. One member of the Ohio Council of Retail Merchants or the council ’s designee.5
4 Sections 3 and 5.
5 R.C. 3743.67.
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Rules for consumer-grade fireworks use
The act requires the State Fire Marshal to adopt rules regulating the time, manner, and
location of consumer grade fireworks use (see “Consumer grade fireworks,” below). The
rules must permit adults to safely and responsibly use consumer grade fireworks on private
property with the owner’s consent, and are not to be construed as a de facto ban on that use.
The rules may, however, include provisions requiring that all fireworks be used in accordance
with manufacturer’s instructions and provisions for the following:
The use of aerial fireworks;
Separation distances between fireworks discharges, ignitions, or explosions and
adjacent structures, railroads, roadways, airports, publicly owned or controlled places,
and places where hazardous materials are manufactured, used, or stored;
Fireworks use on common areas of multi-tenant 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 children; and
Any other similar matters.
The State Fire Marshal must file those rules with the Joint Committee on Agency Rule
Review by August 8, 2022. If filed on that date, the earliest possible effective date for the rules
would be October 23, 2022, though the State Fire Marshal may file the rules be fore August 8,
2022 (but not before February 7, 2022) for the rules to take effect earlier.6
Consumer-grade fireworks fee
To provide revenue for training programs and regulation of the fireworks industry, the
act imposes a fee on licensed sellers of consumer-grade fireworks. The fee is 4% of each
licensed retailer’s, manufacturer’s, and wholesaler’s gross receipts from the retail sale of
consumer-grade fireworks beginning May 18, 2022. The act excludes sales tax the retailer,
manufacturer, or wholesaler collects on behalf of the state or local governments from “gross
receipts.”
Licensed retailers (see “Fountain device retailer licenses,” below),
manufacturers, and wholesalers may separately or proportionally bill the fee to others, but
must themselves report and remit it to the State Fire Marshal annually, no later than October
23.
The fee’s proceeds are to be credited to the Fireworks Fee Receipts Fund, which the act
creates. The State Fire Marshal must use 7⁄8 (87.5%)of the money in the fund for firefighter
6 R.C. 3743.451 and Section 3; R.C. 3743.54, not in the act; Filing Date Calculator, Joint Committee on
Agency Rule Review, available at https://www.jcarr.state.oh.us/filers/date-calculators.
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training programs. The remaining 1⁄8 must be used to pay the State Fire Marshal’s expenses in
administering the Fireworks Law.7
If the State Fire Marshal determines that a licensee has failed to timely report and remit
the fee, the State Fire Marshal may either:
Order the licensee to report and remit the fee within a specified timeframe; or
Revoke or deny renewal of the license, which requires the licensee to immediately cease
operations. It also prohibits licensed manufacturers and licensed wholesalers fr om
applying for new licenses for two years.
The State Fire Marshal is also permitted to adopt rules necessary to administer and enforce the
fee.8
Fountain device retailer licenses
The act creates a new license for retailers who wish to sell what are called fountain
devices. Under the act, a “fountain device” is defined as a specific type of 1.4G consumer grade
firework that is all of the following:
Nonaerial and nonreport producing;
Recognized and manufactured in accordance with sections 3.1.1 and 3.5 of APA
standard 87-1 (2001 edition);
A ground-based or hand-held sparkler with one or more tubes containing a
nonexplosive pyrotechnic mixture that produces a shower of sparks, with or without
additional effects that may include a colored flame, audible crackling effect, audible
whistle effect, or smoke; and
Containing no more than 75 grams of the pyrotechnic mixture in any individual tube and
no more than 500 total grams of the mixture total in the case of multiple tubes.9
General licensing process
Generally, the act requires prospective fountain device retailers to apply to the State
Fire Marshal by September 30 in any given year. An application must be submitted for each
location at which the person wishes to sell fountain devices, and must include:
A license fee, to be set by the State Fire Marshal at $25 or less;
An affidavit affirming that the applicant is in compliance with the National Fire
Protection Association’s standard “NFPA 1124, Code for the Manufacture,
Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles (2006
7 R.C. 3743.22(A) to (C).
8 R.C. 3743.08, 3743.21, and 3743.22(D) and (E), conforming changes in R.C. 3743.57 and 5703.21.
9 R.C. 3743.01(H) and Section 4.
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Edition)” (NFPA 1124) or that they will be in compliance before engaging in the storage
and sale of fountain devices; and
Proof of insurance in an amount and type specified in rules by the State Fire Marshal.
The act requires the State Fire Marshal to review timely submitted applications and determine
if they comply with its requirements. If an application is compliant, the State Fire Marshal must
issue a license. Licenses are effective for one year, beginning December 1. The State Fire
Marshal must send licensees a written notice of expiration by September 1, annually, and
licensees must apply for renewal by October 1 of the year the license expires.10
Special licensing circumstances
The act establishes two special licensing circumstances for fountain device retailers. The
first is a one-time license that starts October 25, 2022. Any person wishing to be licensed as a
retailer of fountain devices on that date must submit an application by August 16, 2022. If an
application is received by the deadline, and if the State Fire Marshal determines that it meets
the act’s licensing requirements, the State Fire Marshal must issue a license on October 25,
2022. Licenses issued that day will be effective through November 30, 2023 .
The second special licensing circumstance for fountain device retailers applies to
retailers that open for business after the annual application deadline in a given year. Those
retailers may apply for a license any time between the date they open for bus iness and the
subsequent annual deadline. If an application is received under this provision between October
1 and November 30, and meets the act’s requirements for fountain device retailers, the State
Fire Marshal must issue a license no earlier than December 1 and no later than two months
after the application is received. If a compliant application is received at any other time
pursuant to the provision, the State Fire Marshal must issue the license no later than two
months after the application is received. These licenses are effective through the last day of the
following November.11
Licensed fountain device retailer operations
Licensed fountain device retailers are authorized to possess fountain devices and sell
them at retail. Possession and storage of the devices, though, must comply with NFPA 1124 and
several other requirements. Those are:
Sales displays are limited to 300 square feet, total, with no display larger than 150
square feet, and all displays at least 25 feet from other highly flammable mat erials.
Retailers may only possess and sell fountain devices as packaged merchandise with
covered fuses.
10 R.C. 3743.26(A) and (B).
11 R.C. 3743.26(C) and (D).
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Fountain devices displayed for sale must be under visual supervision of an employee or
other responsible party whenever the retailer is open to the public.
The possession, storage, and sale of the devices must also comply with any rules
adopted by the State Fire Marshal pursuant to the act (see “Rules for fountain
device retailers,” below).
Sales to minors are prohibited.
Sales to individuals who are obviously drunk or under the influence of a drug of abuse
are prohibited.
All sales must be conducted from the licensed location and be made inside of a licensed
building; sales from any structure or device outside of a licensed building, such as a tent
or trailer, are prohibited.
Retailers must prohibit smoking in the licensed location.
Purchasers must be provided with the pamphlet and the opportunity to obtain safety
glasses that the act requires for other consumer-grade fireworks sales. (See “Safety
glasses and pamphlets required,” below.)12
Rules for fountain device retailers
The act requires the State Fire Marshal to adopt rules for fountain device retailers under
the Administrative Procedure Act. The rules must be designed to promote the safety and
security of employees, the public, and the premises from which fountain devices are sold, be
consistent with the Revised Code and NFPA 1124, and, at a minimum, address the following:
With respect to buildings and other structures on a retailer ’s premises:
Cleanliness and orderliness;
Heating, lighting, and use of stoves and flame-producing items;
The availability of fire extinguishers or other fire -fighting equipment and their use;
Emergency procedures.
Storage of fountain devices; and
Insurance.
The State Fire Marshal must file the rules with the Joint Committee on Agency Rule
Review by August 8, 2022. If filed on that date, the earliest possible effective date for the rules
12 R.C. 3743.27 and 3743.99(G), with conforming change in R.C. 3743.45.
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will be October 23, 2022, though the State Fire Marshal may file the rules before August 8, 2022
(but not before February 7, 2022).13
Enforcement authority
The act grants the State Fire Marshal authority to inspect a fountain device retailer ’s
premises, inventory, and retail sale records to ensure compliance with the Fireworks Law and
the State Fire Marshal’s rules. If an inspection reveals noncompliance, the State Fire Marshal
has discretion to do one or more of the following:
Order the retailer, in writing, to eliminate, correct, or otherwise remedy the issues by a
certain date;
Order the retailer, in writing, to immediately cease the storage and sale of fountain
devices; and
Revoke, or deny the renewal of a license pursuant to the Administrative Procedure Act.
If a license is revoked, the State Fire Marshal must remove the retailer’s name from the
list of licensed retailers and must notify local law enforcement of a revocation or refusal
to renew.14
Showroom size
Under continuing law, a licensed manufacturer or wholesaler may sell consumer grade
fireworks only from a representative sample showroom or a retail sales showroom. Under prior
law, if a retail sales showroom was used (and first began to operate on or after June 30, 1997),
the showroom structure to which the public had access for retail purposes was limited to
5,000 square feet. The act increases the limit to 7,500 square feet. The act also expands
application of the size limit to fireworks showrooms that resume operations at any time after a
one-year or greater period of inactive licensure status, even if they were in operation p rior to
June 30, 1997.
Showrooms that expand beyond 5,000 square feet, to which the public has access,
pursuant to the act’s increased limit, must be equipped with a sprinkler system meeting the
standard for “extra hazard (group 2) occupancies” under “NFPA 13, Standard for the Installation
of Sprinkler Systems (2019 Edition). Variances may be granted to the standard ’s requirement,
however, if the State Fire Marshal finds that a proposed sprinkler system matches or exceeds
the degree of safety provided by a compliant system.15
13 R.C. 3743.28; Filing Date Calculator, Joint Committee on Agency Rule Review, available at
https://www.jcarr.state.oh.us/filers/date-calculators.
14 R.C. 3743.29.
15 R.C. 3743.25(C)(2) and 3743.17.
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Militia exemption
Under continuing law, the U.S. military and the militia of Ohio are exempt from the
Fireworks Law’s provisions regarding the manufacture, transportation, storage, and possession
of pyrotechnic devices. The act establishes the state militia covered by the exemption is the
militia of the state that is recognized by the Adjutant General of Ohio.16
Effective July 1, 2022
The remainder of the act’s provisions take effect July 1, 2022.17 Those provisions are
discussed here.
Consumer-grade fireworks
Purchase and possession
Under continuing law, “1.4G fireworks” are consumer grade fireworks designated under
division 1.4 of the U.S. Department of Transportation ’s regulations.18 The act continues to allow
individuals to possess consumer fireworks but eliminates, beginning July 1, 2022, the
requirement that individuals transport consumer grade fireworks out of the state within 48
hours of their purchase.19
Use and regulation
Beginning July 1, 2022, any person who is authorized to possess consumer grade
fireworks under the act may set those fireworks off, either on the person ’s own property or on
another person’s property with permission, on specific days. Those days are:
New Year’s Day;
Chinese New Year;
Cinco de Mayo;
Memorial Day weekend;
Juneteenth;
July 3, 4, and 5, and the Fridays, Saturdays, and Sundays preceding and following;
Labor Day weekend;
Diwali;
New Year’s Eve.
16 R.C. 3743.80.
17 Section 3.
18 R.C. 3743.01.
19 R.C. 3743.44(A) and (B), 3743.45, and 3743.63.
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Consumer grade fireworks set off in accordance with this authorization are not
considered a “public exhibition” and are therefore not subject to additional state regulations
for public exhibitions.20 Consumer discharge is, however, subject to local regulation, as the act
specifically permits a county (with respect to its unincorporated territory), township (with
respect to its unincorporated territory), or municipal corporation to restrict the dates and times
that a person may discharge consumer fireworks, or impose a complete ban. Additionally, the
act’s consumer fireworks changes do not limit the enforcement of an ordinance, resolution, or
statute that regulates noise, disturbance of the peace, or disorderly conduct.21
Safety glasses and pamphlets required
Beginning July 1, 2022, any licensed retailer, licensed manufacturer, or licensed
wholesaler selling consumer grade fireworks, other than to a licensed manufacturer,
wholesaler, or exhibitor, must offer safety glasses for free at the point of sale, or make them
available to the purchaser for a nominal charge. The retailer, manufacturer, or wholesaler must
also provide purchasers with a safety pamphlet that contains certain minimum information
detailed in the act.
A licensed retailer, manufacturer, or wholesaler who negligently fails to comply with the
pamphlet or safety glasses requirement is guilty of a second degree misdemeanor.22
Display-grade fireworks
Under continuing law, “1.3G fireworks” are display-grade fireworks designated under
division 1.3 of the U.S. Department of Transportation ’s regulations.23 The act eliminates,
beginning July 1, 2022, the requirement that a nonresident may possess display fireworks in
Ohio only while directly transporting the fireworks out of Ohio, and that the nonresident do so
within 48 hours of purchase. The act maintains, however, a criminal prohibition on a
nonresident’s failure to transport display fireworks out of Ohio within 72 hours, a first degree
misdemeanor.
The act also maintains requirements that individuals purchasing display -grade fireworks
do so only from licensed fireworks manufacturers and wholesalers and that manufacturers and
wholesalers only sell display fireworks to persons who have an appropriate license.24
New prohibitions
The act prohibits, beginning July 1, 2022, any person from negligently using fire works
while in possession or control of, or under the influence of, any intoxicating liquor, beer, or
20 R.C. 3743.45(B) and (C), with conforming changes in R.C. 3743.04, 3743.17, 3743.63, and 3743.65, and
R.C. 1.14, not in the act.
21 R.C. 3743.45(D) and (E).
22 R.C. 3743.27(B) and (C), 3743.47, 3743.60(K) and (L), 3743.61(K) and (L), and 3743.99(G).
23 R.C. 3743.01.
24 R.C. 3743.44, 3743.63(A) and (B), and 3743.99(C), conforming change in R.C. 3743.45(B).
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controlled substance. A person who violates this prohibition is guilty of a first degree
misdemeanor. The act also specifies that, regardless of any other law that specifies otherwise, a
person may be convicted of both that violation and a disorderly conduct violation for the same
underlying conduct.
Additionally, the act prohibits, beginning on the same date, any person from negligently
discharging, igniting, or exploding fireworks on another person’s property without that person’s
permission. A person who violates this prohibition is guilty of a minor misdemeanor.25
Licensee discipline
Continuing law allows the State Fire Marshal to revoke, or deny renewal of, a fireworks
manufacturer or fireworks wholesaler license if the licensee has violated the Fireworks Law or
the State Fire Marshal’s rules. The act adds provisions allowing suspension of a license, but
leaves the State Fire Marshal’s ability to revoke, or deny renewal of, a license in place.26
Exemptions to the Fireworks Law
Licensing variances
Prior law allowed the State Fire Marshal to grant variances to the Fireworks Law ’s
prohibitions against the possession and use of pyrotechnic compounds to a person who
possesses those compounds for personal and noncommercial use as a hobby. The act amends
the variance authority by defining “hobbyist activities,” limiting the amount of materials a
variance allows, adding requirements for variance applications, and limiting the State Fire
Marshal’s ability to deny and revoke variances.
The act defines “hobbyist activities” as the manufacture, possession, and use of
individual items, each of which meets the definition of either a 1.3G display firework or 1.4G
consumer firework. It also limits a variance holder to possession of five pounds, in total, of
explosives, pyrotechnics, or similar raw materials for, and finished 1.3G and 1.4G fireworks
manufactured during, hobbyist activities.
A person seeking a variance under the new provisions must do the following:
Demonstrate that they have the experience, education, and training necessary to
protect public safety when engaging in hobbyist activities;
Demonstrate that they have a safe and legal way to acquire, store, and use explosives,
pyrotechnics, and similar raw materials for the manufacture of fireworks; and
Provide any other information or records the State Fire Marshal considers necessary t o
protect public safety during a person’s hobbyist activities.
25 R.C. 3743.65(G) and (H) and 3743.99(F) and (H).
26 R.C. 3743.08, 3743.21, 3743.60, and 3743.61.
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P a g e | 14 H.B. 172
As Passed by the General Assembly
Finally, the act prohibits the State Fire Marshal from unreasonably withholding a
variance. It also changes the State Fire Marshal’s authority to revoke a variance, which is
discretionary under prior law, by requiring cause for revocation.27
HISTORY
Action Date
Introduced 03-03-21
Reported, H. Commerce & Labor 04-22-21
Passed House (73-24) 05-06-21
Reported, S. Veterans & Public Safety 10-27-21
Passed Senate (26-5) 10-27-21
House concurred in Senate amendments (72-24) 10-27-21
21-HB172-134/ks
27 R.C. 3743.59(D).