PART FIFTEEN – FIRE PREVENTION CODE
Chap. 1501. Ohio Fire Code.
Chap. 1505. Alarm Systems.
Chap. 1511. Open Burning.
Chap. 1519. Fireworks.
CHAPTER 1501
Ohio Fire Code
1501.01 Adoption.
1501.02 Purpose.
1501.03 Application.
1501.04 Enforcement.
1501.05 Compliance.
1501.06 Posting arson laws.
1501.07 Setting fires which spread.
1501.08 Unfriendly fires in buildings; alarm duties.
1501.09 Disclosure of true Fire Safety Inspector status.
1501.10 Fire equipment sale or use; certification of installers.
1501.11 Copies.
1501.12 Conflict.
1501.13 Fire damages structures; removal or repair securing fund.
1501.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Appeals of orders – see Ohio R.C. 119.12
State certification of firefighters – see Ohio R.C. 737.08, 737.22, 3737.33
State certification of Fire Safety Inspectors – see Ohio R.C. 3737.01(D), 3737.34
Fire investigation – see Ohio R.C. 737.27, 3737.24 et seq.
Entry and Inspection – see Ohio R.C. 3737.14, 3737.41, 3737.42
Common Pleas Court jurisdiction – see Ohio R.C. 3737.44(A), 3737.51(H)
Ohio Fire Code – see Ohio R.C. 3737.82 et seq.; OAC Ch. 1301:7-1 et seq.
Fire extinguishing and alarm systems in rest and nursing homes – see Ohio R.C. 3721.071
Self-service filling stations – see Ohio R.C. 3741.14
Fireworks exhibitions – see Ohio R.C. 3743.50 et seq.
1501.01 ADOPTION.
There is hereby adopted by the Municipality, the 2011 Ohio Fire Code (OFC) as adopted by the Ohio Division of State Fire Marshal, Department of Commerce, effective November 1, 2011, and as published in Division 1301:7 of the Ohio Administrative Code (OAC).
1501.02 PURPOSE.
The purpose of this Code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to fire fighters and emergency responders during emergency operations.
1501.03 APPLICATION.
The Ohio Fire Code as adopted herein applies to the use of all lands and properties within the Municipality and such other lands or properties owned by the Municipality which are situated outside the corporate limits thereof.
1501.04 ENFORCEMENT.
(a) No person shall serve as Municipal Fire Safety Inspector unless he has received a certificate issued by the State Board of Emergency Medical Services under former Ohio R.C. 3303.07 or 4765.55 evidencing his satisfactory completion of a fire safety inspection training program.
(ORC 3737.34)
(b) For Municipal criminal proceedings, the complaint, warrant or summons, or the issuance of a citation in minor misdemeanor cases shall be, as is prescribed in the Ohio Rules of Criminal Procedure, by referencing the numerical designation of the applicable Municipal ordinance, including the specific provision of the Ohio Fire Code, or any order issued pursuant thereto, provided such order fixes a reasonable time for abatement of the violation. State enforcement proceedings for violation of Ohio R.C. Chapter 3737 or the Ohio Fire Code shall be as is prescribed in Ohio R.C. 3737.41 to 3737.46.
(c) A copy of such complaint or citation shall be prominently posted at or near each place a violation referred to occurs.
(d) Upon request of the Municipal Fire Safety Inspector, the Municipal Legal Officer shall institute and prosecute any necessary action or proceeding to enforce this chapter or Ohio R.C. Chapter 3737.
1501.05 COMPLIANCE.
(a) No person shall knowingly violate any provision of the Ohio Fire Code as adopted herein or any order issued pursuant thereto.
(ORC 3737.51(A))
(b) No person shall fail to comply with the fire prevention measures or fire protection activities as prescribed in the Ohio Fire Code, or fail to obtain a permit or license for the various uses or activities as required by such Code, or fail to comply with the Municipal application and plan submission and processing requirements including payment of the fees designated therefor.
1501.06 POSTING ARSON LAWS.
The owner, operator or lessee of any transient residential building shall post the provisions of Ohio R.C. 2909.02 and 2909.03 in a conspicuous place in each room occupied by guests in such building. The owner, operator or lessee of any nontransient residential building, institution, school or place of assembly shall post the provisions of such sections in conspicuous places upon such premises. No person shall fail to comply with this section.
(ORC 3737.61)
1501.07 SETTING FIRES WHICH SPREAD.
No person shall set, kindle or cause to be set or kindled any fire, which through his negligence, spreads beyond its immediate confines to any structure, field or wood lot. (ORC 3737.62)
1501.08 UNFRIENDLY FIRES IN BUILDING; ALARM DUTIES.
(a) The owner, operator or lessee, an employee of any owner, operator or lessee, an occupant, and any person in direct control of any building regulated under the Ohio Basic Building Code, upon the discovery of an unfriendly fire, or upon receiving information that there is an unfriendly fire on the premises, shall immediately, and with all reasonable dispatch and diligence, call or otherwise notify the Fire Department concerning the fire, and shall spread an alarm immediately to all occupants of the building.
(b) For the purposes of this section, “unfriendly fire” means a fire of a destructive nature as distinguished from a controlled fire intended for a beneficial purpose. (c) No person shall fail to comply with this section.
(ORC 3737.63)
1501.09 DISCLOSURE OF TRUE FIRE SAFETY INSPECTOR STATUS.
No person who is not a certified Fire Safety Inspector shall act as such or hold himself out to be such, unless prior to commencing any inspection function, he discloses the purpose for which he is making such inspection and the fact that he is not employed by any state or local fire service or agency, and that he is not acting in an official capacity for any governmental subdivision or agency.
(ORC 3737.64)
1501.10 FIRE EQUIPMENT SALE OR USE; CERTIFICATION OF INSTALLERS.
(a) No person shall sell, offer for sale, or use any fire protection or fire fighting equipment that does not meet the minimum standards established by the Ohio Fire Marshal in the Ohio Fire Code.
(b) Except for public and private mobile fire trucks, no person shall service, test, repair or install for profit any fire protection or fire fighting equipment without a certificate or a provisional certificate issued by the Ohio Fire Marshal. (ORC 3737.65)
1501.11 COPIES.
Copies of Codes as adopted in this chapter are on file with the Council Clerk for inspection by the public, and also on file in the County Law Library, and the Clerk has copies available for distribution to the public at cost.
1501.12 CONFLICT.
(a) The provisions of the Ohio Fire Code shall not be deemed to nullify any provisions of state or federal law. Municipal corporations, under Ohio R.C. 3781.01, may make further and additional regulations, not in conflict with Ohio R.C. Chapters 3781 and 3791 or with the rules of the Ohio Board of Building Standards. However, under Ohio R.C. 3781.12, approval by the Board of Building Standards of any fixture, device, material, system, assembly or product of a manufacturing process, or method or manner of construction or installation shall constitute approval for their use anywhere in Ohio.
As provided in Ohio R.C. 3781.11(b), the rules of the Board of Building Standards shall supersede and govern any order, standard, or rule of the Division of Fire Marshal or Industrial Compliance in the Department of Commerce, and the Department of Health and of counties and townships, in all cases where such orders, standards or rules are in conflict with the rules of the Board of Building Standards, except that rules adopted and orders issued by the Fire Marshal pursuant to Ohio R.C. Chapter 3743 prevail in the event of a conflict.
The rules of the Board of Building Standards adopted pursuant to Ohio R.C. 3781.10 and known as the “Ohio Building Code” (OBC) shall govern any rule or standards adopted by the Board pursuant to Ohio R.C. 4104.02 and 4105.011.
(OAC 4101:1-1(102.2))
(b) In all other cases of conflict between the Ohio Fire Code and any other Municipal ordinance or technical code adopted thereby, the more restrictive provision shall govern.
1501.13 FIRE DAMAGED STRUCTURES; REMOVAL OR REPAIR SECURING FUND.
The Municipality hereby authorizes the procedure described in Ohio R.C. 3929.86(C) and (D) to be implemented whereby no insurance company doing business in the State shall pay a claim of a named insured for fire damage to a structure located within this Municipality unless the applicable provisions of Ohio R.C. 3929.86 are fully complied with. The Fire Chief is hereby designated as the officer authorized to carry out the duties of Ohio R.C. 3929.86. The Clerk of Council shall file a certified copy of this section with the State Superintendent of Insurance.
(Ord. 1129. Passed 1-22-85.)
1501.99 PENALTY.
(a) Criminal Penalties.
(1) Except as otherwise provided in Ohio R.C. Section 3737.99(B), whoever violates Section 1501.05(a) is guilty of a misdemeanor of the first degree. (ORC 3737.99(B))
(2) Whoever violates Sections 1501.05(b) or 1501.06 is guilty of a minor misdemeanor. (ORC 3737.99(C))
(3) Whoever violates Sections 1501.07 or 1501.09 is guilty of a misdemeanor of the fourth degree. (ORC 3737.99(D))
(4) Whoever violates Sections 1501.08 or 1501.10 is guilty of a misdemeanor of the third degree. (ORC 3737.99(E))
(b) Civil Penalties.
(1) Any person who has received a citation for a serious violation of the Ohio Fire Code or any order issued pursuant to it, shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
(2) Any person who has received a citation for a violation of the Ohio Fire Code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
(3) Any person who fails to correct a violation for which a citation has been issued within a period permitted for its correction, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each day during which such failure or violation continues.
(4) Any person who violates any of the posting requirements, as prescribed by Section 1501.04(c), shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.
(5) Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged, and the history of the previous violations shall be given whenever a penalty is assessed under this chapter.
(6) For purposes of this section, a serious violation shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not with the exercise of reasonable diligence, know of the presence of the violation.
(7) Civil penalties imposed by this chapter shall be paid to the Municipal Chief Fiscal Officer for deposit into the General Revenue Fund. Such penalties may be recovered in a civil action in the name of the Municipality brought in the Court of Common Pleas.
(ORC 3737.51(B) to (H))
CHAPTER 1505
Alarm Systems
1505.01 Definitions.
1505.02 Applicability.
1505.03 Responsibility.
1505.04 Automatic fire alarm systems required.
1505.05 Supervised alarm system required.
1505.06 Supervised alarm system recommended.
1505.07 Exemptions.
1505.08 Manual fire alarm systems required.
1505.09 Automatic and manual fire alarm systems; power supply; signals.
1505.10 Smoke detectors required.
1505.11 Smoke detectors; approval; power supply; new construction; visual and audible signals required; transfer of property.
1505.12 Effective date; compliance date.
1505.13 Enforcement.
1505.99 Penalty.
CROSS REFERENCES
Automatic sprinkler equipment required for nursing and rest homes – see Ohio R.C. 3721.071
Smoke detectors required in high rise apartments and condominiums – see Ohio R.C. 3781.104; OAC 4101:2-89
1505.01 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(a) “Alarm” means any audible or visible signal indicating existence of a fire or emergency requiring response and emergency action on the part of the fire fighting service.
(b) “Apartment buildings” includes buildings containing three or more living units with independent cooking and bathroom facilities, whether designated as an apartment house, tenement, garden apartment, or by any other name.
(c) “Approved” means listed and/or approved for its intended use by a nationally recognized testing laboratory listed in Appendix A of the Ohio Building Code, hereinafter referred to as OBC.
(d) “Automatic detecting device” means an approved device which automatically detects heat, smoke or other products of combustion.
(e) “Automatic fire alarm system” means a manual fire alarm system containing automatic detecting device(s) which activate a fire alarm signal of such character and so located as to alert all occupants of the building or section thereof endangered by fire.
(f) “Business buildings” includes all buildings or parts thereof which are used for the transaction of business and the rendering of professional services, or for other services that involve stocks of goods, wares or merchandise in limited quantities for use incidental to office uses or sample purposes; including, among others, offices, banks, civic administration activities, firehouses, outpatient clinics and similar establishments.
(g) “Dwelling unit” means any room or group of rooms located within a building and forming a single-family, habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, storing food or eating purposes.
(h) “Factory and industrial buildings” include all buildings and structures, or parts thereof, in which occupants are engaged in performing work or labor in fabrication, assembling or processing of products or materials and shall include, among others, factories, assembling plants, industrial laboratories and all other industrial manufacturing uses.
(i) “Fire alarm equipment” includes alarms, automatic detecting devices, automatic fire alarm systems, manual fire alarm systems, and smoke detectors as defined herein.
(j) “Fire Official” means the Chief of the Fire Department for Bellaire, or an authorized designee.
(k) “Manual fire alarm system” means an interior alarm system composed of sending stations and signaling devices in a building, operated on an electric circuit, so arranged that the operation of any one station will initiate an alarm.
(l) “Mercantile buildings” includes all buildings and structures, or parts thereof, which are used for displays and sales purposes involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public; including, among others, retail stores, shops, salesrooms and markets.
(m) “One- and Two-family dwellings” includes buildings containing not more than two dwelling units in which each living unit is occupied by members of a single family with no more than three outsiders, if any, accommodated in rented rooms.
(n) “Owner” means the owner or owners of the premises, contract buyer, a mortgagee or vendee in possession, receiver, executor, administrator, trustee, lessee, or other person, firm, or corporation in control of a building, or their duly authorized agents. Any such person thus representing the owner should be bound to comply with the provisions of this chapter, to the same extent as if such person where the owner.
(o) “Public assembly buildings” include buildings which are used or designed for places of assembly as defined by the 1985 Ohio Basic Building Code, and are classified therein as ASSEMBLY- USE GROUPS: A-1-A STRUCTURES, A-1-B STRUCTURES, A-2 STRUCTURES, A-3 STRUCTURES, AND A-4 STRUCTURES.
(p) “Residential buildings” include all buildings in which sleeping accommodations are provided for normal residential purposes, and includes all buildings designed to provide sleeping accommodations. For the purposes of this chapter, residential buildings include the following: hotels and motels, apartment buildings, dormitories, lodging and rooming houses, one- and two-family dwellings.
(q) “Sleeping area” means the area or areas of the family living unit in which the bedrooms (or sleeping rooms) are located. Bedrooms (or sleeping rooms) separated by other use areas, such as kitchen or living rooms (but not bathrooms) shall be considered as separate sleeping areas for purposes of this chapter.
(r) “Smoke detector” means an approved detection device, capable of sensing visible or invisible particles of combustion and emitting an audible and/or visual signal of such detection.
(s) “Sprinkler alarm system” means an alarm activated by water flow from an automatic sprinkler system.
(t) “Required” indicates mandatory requirement.
(u) “Recommended” indicates a recommendation or that which is advised but not required.
(Ord. 1246. Passed 5-5-88.)
1505.02 APPLICABILITY.
All new and existing residential, business, assembly, mercantile, factory and industrial buildings shall provide fire alarm equipment capable of signaling the presence of a fire and notifying the occupants in danger of the fire. Such protection equipment shall be in accordance with the provisions of this chapter.
(Ord. 1246. Passed 5-5-88.)
1505.03 RESPONSIBILITY.
It shall be the responsibility of the owner of each new and existing building to comply with the provisions of this chapter.
(Ord. 1246. Passed 5-5-88.)
1505.04 AUTOMATIC FIRE ALARM SYSTEMS REQUIRED.
An automatic fire alarm system shall be installed and maintained in full operating condition in accordance with National Fire Protection Association, Standard 72A, in the following buildings:
(a) Buildings having an occupancy of hotel, motel, dormitory, lodging or rooming house.
(b) Buildings having an occupancy or use of business, mercantile, residential, factory or industrial when more than seventy-five feet above the lowest level of Fire Department access.
(c) Buildings having an occupancy or use of public assembly and have a use classification of A-1-A, A-1-B, A-2 or A-3 under the Ohio Basic Building Code and having a posted occupancy load greater than 200 persons.
(Ord. 1246. Passed 5-5-88.)
1505.05 SUPERVISED ALARM SYSTEM REQUIRED.
Supervised alarm systems are required in the following buildings:
(a) Having an occupancy or use of business, mercantile, residential, factory or industrial when more than four stories in height. (A-1, H, F, I, A-4)
(b) Factories or industrial mercantile, or any building that is listed under Use Group A.
(Ord. 1246. Passed 5-5-88.)
1505.06 SUPERVISED ALARM SYSTEM RECOMMENDED.
(a) All buildings, factories, mercantile, multi-residential and industrial storage should have a supervised system.
(b) In public assembly buildings having an occupancy load exceeding 300 persons and in all hotels and motels, regardless of occupancy capacity, the automatic fire alarm system required by this chapter shall be electronically monitored by an approved central station or proprietary monitoring system, in accordance with National Fire Protection Association standards.
(Ord. 1246. Passed 5-5-88.)
1505.07 EXEMPTIONS.
The following are exempt from the provisions of Section 1505.04.
(a) Buildings, or the portions thereof, that are protected by an approved and maintained sprinkler system, and such system is connected to a supervised system.
(b) Buildings having an occupancy of hotel, motel, dormitory, lodging or rooming house in which all rooms exit directly to the outside and in which no public corridor is provided, and the building is not more than three stories in height.
(Ord. 1246. Passed 5-5-88.)
1505.08 MANUAL FIRE ALARM SYSTEMS REQUIRED.
A manual fire alarm system shall be installed and maintained in full operating condition in:
(a) Buildings having an occupancy of apartment use when four (4) or more stories in height.
(b) Buildings having an occupancy of business, mercantile or factory and industrial use when three or more stories in height.
(c) Buildings having an occupancy of public assembly, Type A-1, A-2, A-3 use, when more than one story in height, regardless of occupant load classification.
(Ord. 1246. Passed 5-5-88.)
1505.09 AUTOMATIC AND MANUAL FIRE ALARM SYSTEMS; POWER SUPPLY; SIGNALS.
All automatic fire alarm systems and manual fire alarm systems required to be installed under the provisions of this chapter, inclusive, shall be:
(a) Equipped with an independent emergency electrical power supply consisting of approved rechargeable batteries or generators.
(b) Capable of providing a visual and audible signal of a fire condition.
(Ord. 1246. Passed 5-5-88.)
1505.10 SMOKE DETECTORS REQUIRED.
Smoke detectors shall be installed and maintained in full operation in all of the following:
(a) Hotels and Motels: In each guest room, suite or sleeping area.
(b) Lodging or Rooming Houses: In each guest room, suite or sleeping area.
(c) Dormitories: In each sleeping area.
(d) Apartments: In each sleeping area and in or near each stairway leading to an occupied area in such a manner as to assure that rising smoke cannot effectively bypass the detector before it reaches the occupied area.
(e) One- and Two-Family Dwellings: In each sleeping area and in or near each stairway leading to an occupied area in such a manner as to assure that rising smoke is not obstructed in reaching the detector and that rising smoke cannot effectively bypass the detector before it reaches the occupied area.
(f) Assembly, Business, Mercantile, Factory and Industrial Buildings: Where due to the physical arrangement of a building, the Fire Chief determines that, in consideration of the life safety of the occupants, at least one area is in such a manner as to assure that rising smoke is not obstructed in reaching the detector and that rising smoke cannot effectively bypass the detector before it reaches the occupied area.
(g) Standard for Installation: All smoke detectors required by this Section shall be installed in conformity with the National Fire Protection Association Standard #72E, 1982 Edition and/or #74, 1984 Edition.
(Ord. 1246. Passed 5-5-88.)
1505.11 SMOKE DETECTORS; APPROVAL; POWER SUPPLY; NEW CONSTRUCTION; VISUAL AND AUDIBLE SIGNALS REQUIRED; TRANSFER OF PROPERTY.
(a) All smoke detectors installed in compliance with this chapter, inclusive, shall be listed by a nationally recognized testing laboratory, as recognized in Section #1301:7-5-01(B) FM-117.2, Ohio Fire Code.
(b) (1) All smoke detectors installed in compliance with this chapter, inclusive, shall be powered by the 110 Volt AC building electrical system; provided, however, that smoke detectors installed in one- and two-family dwellings that were constructed prior to the effective date of this chapter may be approved battery-operated detectors.
(2) Where battery-operated smoke detectors are permitted by this section, it shall be the responsibility of the owner of the property to install the required detectors, and it shall be the responsibility of the occupant of the property to maintain the battery and clean the detector per the manufacturer’s guidelines so that the detector will be operative at all times.
(c) In buildings that are constructed after the effective date of this chapter where, because of the physical arrangement of an apartment or a one- or two-family dwelling, the provisions of this chapter require the installation of more than one smoke detector per dwelling unit, the required detectors shall be interconnected with each other so that activation of any one detector in the dwelling unit shall cause all required detectors to emit a signal.
(d) In buildings that are constructed after the effective date of this chapter, when the facility is to be used primarily for the housing of elderly persons, or persons with physical hearing limitations or mental disorders, all required smoke detectors shall be capable of providing a visual and audible signal of the fire condition and shall be in accordance with the National Fire Protection Association Standard #72G.
(e) Prior to the sale or transfer of title to property subject to the requirements of this chapter, the seller or transferor shall comply with the provisions hereof and shall obtain a certificate of compliance from an authorized inspector.
(Ord. 1246. Passed 5-5-88.)
1505.12 EFFECTIVE DATE; COMPLIANCE DATE.
This chapter shall become effective on the earliest date permitted by law and shall be enforced as follows:
(a) Beginning on the date this chapter becomes effective, all construction of new buildings that require the issuance of a structural building permit pursuant to the Ohio Building Code shall be in compliance with the provisions of this chapter.
(b) Except for the provisions in subsection (a) hereof, full compliance with all of the provisions of this chapter as they apply to all other buildings and dwelling units shall not be enforced until July 1, 1988.
(Ord. 1246. Passed 5-5-88.)
1505.13 ENFORCEMENT.
(a) The Code Administrator shall enforce this chapter applicable to existing buildings used wholly or in part for residential purposes, where the Code Administrator inspects such buildings in the ordinary course of his duties.
(b) The Fire Chief or an authorized designee shall enforce all sections of this chapter.
(Ord. 1246. Passed 5-5-88.)
1505.99 PENALTY.
A violation of any of the provisions of this chapter shall constitute a minor misdemeanor, and each day such violation is continued shall constitute a separate offense.
(Ord. 1246. Passed 5-5-88.)
CHAPTER 1511
Open Burning
1511.01 Definitions.
1511.02 Relations to other prohibitions.
1511.03 Open burning in restricted areas.
1511.04 Permission to individuals and notification to the Ohio EPA.
1511.05 Open burning; recreational fires; portable outdoor fireplaces.
1511.06 Permissible open burning.
1511.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Air pollution control – see Ohio R.C. Ch. 3704
Permit to burn construction debris – see Ohio R.C. 3704.11(C)
Spreading fire through negligence – see Ohio R.C. 3737.62
Open burning – see OAC Ch. 3745
1511.01 DEFINITIONS.
As used in Chapter 3745-19 of the Ohio Administrative Code and this chapter:
(a) “Agricultural waste” means any waste material generated by crop, horticultural, or livestock production practices, and includes such items as woody debris and plant matter from stream flooding, bags, cartons, structural materials, and landscape wastes that are generated in agricultural activities, but does not include land clearing waste; buildings (including dismantled/fallen barns); garbage; dead animals; animal waste; motor vehicles and parts thereof; nor economic poisons and containers thereof, unless the manufacturer has identified open burning as a safe disposal procedure.
(b) “Economic poisons” include but are not restricted to pesticides such as insecticides, fungicides, rodenticides, miticides, nematocides and fumigants; herbicides; seed disinfectants; and defoliants.
(c) “Garbage” means any waste material resulting from the handling, processing, preparation, cooking and consumption of food or food products.
(d) “Landscape waste” means any plant waste material, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues.
(e) “Land clearing waste” means plant waste material which is removed from land, including plant waste material removed from stream banks during projects involving more than one property owner, for the purpose of rendering the land useful for residential, commercial, or industrial development. Land clearing waste also includes the plant waste material generated during the clearing of land for new agricultural development.
(f) “Ohio EPA” means the Ohio Environmental Protection Agency Director or agencies delegated authority by such Director pursuant to Ohio R.C. 3704.03 or the Chief of any Ohio Environmental Protection Agency district office.
(g) “Open burning” means the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney. Open burning includes the burning of any refuse or salvageable material in any device not subject to or designed specifically to comply with the requirements of Ohio Administrative Code 3745-17-09 or 3745-17-10.
(h) “Residential waste” means any waste material, including landscape waste, generated on the property of a one-, two- or three-family residence as a result of residential activities, but not including garbage, rubber, grease, asphalt, liquid petroleum products, or plastics.
(i) “Restricted area” means the area within the boundary of any municipal corporation established in accordance with the provisions of Title 7 of the Ohio Revised Code, plus a zone extending 1,000 feet beyond the boundaries of any such municipal corporation having a population of 1,000 to 10,000 persons and a zone extending one mile beyond any such municipal corporation having a population of 10,000 persons or more according to the latest federal census.
(j) “Unrestricted area” means all areas outside the boundaries of a restricted area as defined in subsection (i) hereof.
(OAC 3745-19-01)
(k) “Bonfire” means an outdoor fire utilized for ceremonial purposes.
(l) “Recreational fire” means an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
(OAC 1301:7-7-03)
1511.02 RELATIONS TO OTHER PROHIBITIONS.
(a) Notwithstanding any provision in Ohio Administrative Code Chapter 3745-19, no open burning shall be conducted in an area where an air alert, warning or emergency under Ohio Administrative Code Chapter 3745-25 is in effect.
(b) No provisions of Ohio Administrative Code Chapter 3745-19, permitting open burning, and no permission to open burn granted by the Ohio EPA, shall exempt any person from compliance with any section of the Ohio Revised Code, or any regulation of any State department, or any local ordinance or regulation dealing with open burning.
(OAC 3745-19-02)
1511.03 OPEN BURNING IN RESTRICTED AREAS.
(a) No person or property owner shall cause or allow open burning in a restricted area except as provided in subsections (b) to (d) hereof; in Ohio R.C. 3704.11 and in compliance with Section 1511.05 of this chapter.
(b) Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA:
(1) Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.
(2) Bonfires, campfires and outdoor fireplace equipment, whether for cooking food for human consumption, pleasure, religious, ceremonial, warmth, recreational, or similar purposes, if the following conditions are met:
A. They are fueled with clean seasoned firewood, natural gas, or equivalent, or any clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood;
B. They are not used for waste disposal purposes; and
C. They shall have a total fuel area of three feet or less in diameter and two feet or less in height.
(3) Disposal of hazardous explosive materials, military munitions or explosive devices that require immediate action to prevent endangerment of human health, public safety, property or the environment and that are excluded from the requirement to obtain a hazardous waste permit pursuant to paragraph (D)(1)(d) of Rule 3745-50-45 of the Ohio Administrative Code.
(4) Recognized training in the use of fire extinguishers for commercial or industrial fire prevention.
(5) Fires set at the direction of federal, state, and local law enforcement officials for the purpose of destruction of cannabis sativa (marijuana) plant vegetation, processed marijuana material and/or other drugs seized by federal, state or local law enforcement officials.
Fires allowed by subsections (b)(1), (b)(2) and (b)(4) hereof shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.
(c) Open burning shall be allowed for the following purposes with prior notification to the Ohio EPA in accordance with subsection (b) of Section 1511.04:
(1) Prevention or control of disease or pests, with written or oral verification to the Ohio EPA from the Ohio Department of Health or local health department, the centers for disease control and prevention, cooperative extension service, Ohio Department of Agriculture, or U.S. Department of Agriculture, that open burning is the only appropriate disposal method.
(2) Bonfires or campfires used for ceremonial purposes that do not meet the requirements of subsection (b)(2) hereof, provided the following conditions are met:
A. They have a total fuel area no greater than five feet in diameter by five feet in height and burn no longer than three hours;
B. They are not to be used for waste disposal purposes; and
C. They are fueled with clean seasoned firewood, natural gas or equivalent, or any clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood.
(3) Disposal of agricultural waste generated on the premises if the following conditions are observed:
A. The fire is set only when atmospheric conditions will readily dissipate contaminants;
B. The fire does not create a visibility hazard on the roadways, railroad tracks, or air fields;
C. The fire is located at a point on the premises no less than one thousand feet from any inhabited building not located on said premises;
D. The wastes are stacked and dried to provide the best practicable condition for efficient burning; and
E. No materials are burned which contain rubber, grease, asphalt, liquid petroleum products, plastics or building materials.
(d) Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio EPA, in accordance with subsection (a) of Section 1511.04, provided that any conditions specified in the permission are followed:
(1) Disposal of ignitable or explosive materials where the Ohio EPA determines that there is no practical alternate method of disposal, excluding those materials identified in subsection (b)(3) hereof;
(2) Instruction in methods of fire fighting or for research in the control of fire as recognized by the State Fire Marshal Division of the Ohio Department of Commerce and the guidelines set forth in the National Fire Protection Association’s (NFPA) publication 1403: “Standard on Live Fire Training Evolutions, Chapter 4, Acquired Structures”, provided that the application required in subsection (a)(1) of Section 1511.04 is submitted by the commercial or public entity responsible for the instruction;
(3) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Director and, if required, performed as identified in the appendix to Rule 3745-19-03 of the Ohio Administrative Code. If deemed necessary, the open burning may be authorized with prior oral approval by the Director followed by the issuance of a written permission to open burn within seven working days of the oral approval;
(4) Recognized horticultural, silvicultural (forestry), range or wildlife management practices; and
(5) Fires and/or pyrotechnic effects, for purposes other than waste disposal, set as part of commercial film-making or video production activities for motion pictures and television. (OAC 3745-19-03)
(e) In the event a party is participating in an open burning which causes the release of contaminants in an excess amount and/or the burning becomes bothersome to others present in adjacent areas, said open burning shall immediately cease until such time as the concerns of the adjacent residents can be addressed. (Ord. 06-33. Passed 10-19-06.)
1511.04 PERMISSION TO INDIVIDUALS AND NOTIFICATION TO THE OHIO EPA.
(a) Permission.
(1) An application for permission to open burn shall be submitted in writing to Ohio EPA. The applicant shall allow Ohio EPA at least ten working days to review the permit. Applicant may proceed with burn upon receipt of written permission from Ohio EPA. Saturday, Sunday and legal holidays shall not be considered working days. The application shall be in such form and contain such information as required by the Ohio EPA.
(2) Except as provided in subsection (a)(6) and (a)(7) hereof, such applications shall contain, as a minimum, information regarding:
A. The purpose of the proposed burning;
B. The quantity or acreage and the nature of the materials to be burned;
C. The date or dates when such burning will take place;
D. The location of the burning site, including a map showing distances to residences, populated areas, roadways, air fields, and other pertinent landmarks; and
E. The methods or actions which will be taken to reduce the emissions of air contaminants.
(3) Permission to open burn shall not be granted unless the applicant demonstrates to the satisfaction of the Ohio EPA that open burning is necessary to the public interest; will be conducted in a time, place and manner as to minimize the emission of air contaminants, when atmospheric conditions are appropriate; and will have no serious detrimental effect upon adjacent properties or the occupants thereof. The Ohio EPA may impose such conditions as may be necessary to accomplish the purpose of Chapter 3745-19 of the Ohio Administrative Code.
(4) Except as provided in subsection (a)(6) hereof, permission to open burn must be obtained for each specific project. In emergencies where public health or environmental quality will be seriously threatened by delay while written permission is sought, the fire may be set with oral permission of the Ohio EPA.
(5) Violations of any of the conditions set forth by the Ohio EPA in granting permission to open burn shall be grounds for revocation of such permission and refusal to grant future permission, as well as for the imposition of other sanctions provided by law.
(6) The Ohio Department of Commerce, Division of State Fire Marshal, may request permission to open burn on an annual basis for the purpose of training firefighters on pre-flashover conditions using the Ohio fire academy’s mobile training laboratory at either the academy or at other training sites in Ohio. The annual application required pursuant to subsection (a)(1) hereof shall contain information as required in paragraph (a)(2) of this rule, except the information required in subsections (a)(2)C. and (A)(2)D. hereof need not be provided unless it is available at the time of submittal of the application. The academy shall contact the appropriate Ohio EPA district office or local air agency at least five working days before each training session of the date or dates when the training session will take place and its location. Saturday, Sunday and legal holidays shall not be considered working days.
(7) For open burning defined under subsection (d)(2) of Section 1511.03, and paragraph (C)(2) of Rule 3745-19-04 of the Administrative Code, permission to open burn shall not be granted unless the applicant provides proof of written notice of intent to demolish received by the appropriate Ohio EPA field office in accordance with Rule 3745-20-03 of the Ohio Administrative Code.
(b) Notification.
(1) Notification shall be submitted in writing at least ten working days before the fire is to be set. Saturday, Sunday and legal holidays shall not be considered working days. It shall be in such form and contain such information as shall be required by the Ohio EPA.
(2) Such notification shall inform the Ohio EPA regarding:
A. The purpose of the proposed burning;
B. The nature and quantities of materials to be burned;
C. The date or dates when such burning will take place; and
D. The location of the burning site.
(3) The Ohio EPA, after receiving notification, may determine that the open burning is not allowed under Chapter 3745-19 of the Administrative Code and the Ohio EPA shall notify the applicant to this effect.
(OAC 3745-19-05)
1511.05 OPEN BURNING; RECREATIONAL FIRES; PORTABLE OUTDOOR FIREPLACES.
(a) General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
(b) Prohibited Open Burning. Open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
(c) Permit Required. A permit shall be obtained from the Fire Code Official in accordance with Rule 1301:7-7-01 of the Ohio Fire Code prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.
(d) Authorization. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
(e) Extinguishment Authority. The Fire Code Official is authorized to order the extinguishment by the permit holder, another person responsible or the Fire Department of open burning that creates or adds to a hazardous or objectionable situation.
(f) Location. The location for open burning shall not be less than 50 feet (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure.
(g) Exceptions.
(1) Fires in approved containers that are not less than 15 feet (4572 mm) from a structure.
(2) The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.
A. Bonfires. A bonfire shall not be conducted within 50 feet (15,240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions which could cause a fire to spread within 50 feet (15,240 mm) of a structure shall be eliminated prior to ignition.
B. Recreational fires. Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.
C. Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.
Exception: Portable outdoor fireplaces used at one- and two-family dwellings.
(h) Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with paragraph (F)(906) of rule 1301:7-7-09 of the Administrative Code with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
(OAC 1301:7-7-03)
1511.06 PERMISSIBLE OPEN BURNING.
(a) Fuel shall consist of only clean seasoned firewood, natural gas or equivalent, or any clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood. (OAC 3745-19-03-B)
(b) The fire shall not be utilized for waste disposal and fuel shall be chosen to minimize air contaminants. (OAC 3745-19-03-B)
(c) There shall be at least one portable fire extinguisher with a minimum of a 4-A rating or other approved on-site fire extinguishing equipment such as dirt, sand, water barrel, garden hose, or water truck. (OFC 307.5)
(d) Provisions shall be made to prevent the spread of fire to any structure or other combustible material. (OFC 307.4.1 & 307.4.2)
(e) The fire shall not generate objectionable smoke or odors. (OFC 307.1.1)
(f) If an objectionable smoke or odor complaint is generated, the complainant(s) shall be present upon investigation by the Fire Department of such objectionable smoke or odors. Smoke entering adjacent structures shall be considered objectionable and the fire is to be extinguished. Other matters of complaint shall be evaluated based on the safety and health of those present and in proximity to the fire. The fire official investigating the open burning activity shall make all determinations. (OFC 307.3)
(g) No open burning shall be conducted where an air alert, warning, or emergency is in effect. (OAC 3745-19-02-A)
(h) The fire shall be constantly attended until the fire is extinguished.
(OFC 307.5)
(i) All fires under this section shall be no larger than three (3) feet in diameter.
(Ord. 2015-07. Passed 5-21-15.)
1511.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both.
CHAPTER 1519
Fireworks
1519.01 Definitions.
1519.02 Public exhibition permit required; fee; bond; records.
1519.03 Unlawful conduct by exhibitor.
1519.04 Possession, sale or discharge prohibited; exceptions.
1519.05 Application.
1519.99 Penalty.
CROSS REFERENCES
Manufacturers to comply with building and zoning ordinances – see Ohio R.C. 3743.06(F)
Wholesalers to comply with building and zoning ordinances – see Ohio R.C. 3743.19(G)
Arrests, seizure of fireworks by certified fire safety inspector – see Ohio R.C. 3743.68
Conflict of Fire Marshal’s rules with rules of Ohio Board of Building Standards – see Ohio R.C. 3781.11(D)
1519.01 DEFINITIONS.
As used in this chapter:
(a) “Beer” and “intoxicating liquor” have the same meanings as in Ohio R.C. 4301.01.
(b) “Booby trap” means a small tube that has a string protruding from both ends, that has a friction-sensitive composition and that is ignited by pulling the ends of the string.
(c) “Cigarette load” means a small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.
(d) (1) “1.3 G fireworks” means display fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation “Division 1.3” in Title 49, Code of Federal Regulations.
(2) “1.4 G fireworks” means consumer fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation “Division 1.4” in Title 49, Code of Federal Regulations.
(e) “Controlled substance” has the same meaning as in Ohio R.C. 3719.01.
(f) “Fireworks” means any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration or detonation, except ordinary matches and except as provided in Section 1519.05.
(g) “Licensed exhibitor of fireworks” or “licensed exhibitor” means a person licensed pursuant to Ohio R.C. 3743.50 to 3743.55.
(h) “Licensed manufacturer of fireworks” or “licensed manufacturer” means a person licensed pursuant to Ohio R.C. 3743.02 to 3743.08.
(i) “Licensed wholesaler of fireworks” or “licensed wholesaler” means a person licensed pursuant to Ohio R.C. 3743.15 to 3743.21.
(j) “Novelties and trick noisemakers” include the following items:
(1) Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers and snappers;
(2) Snakes or glow worms;
(3) Smoke devices;
(4) Trick matches.
(k) “Party popper” means a small plastic or paper item that contains not more than sixteen milligrams of friction-sensitive explosive composition, that is ignited by pulling string protruding from the item, and from which paper streamers are expelled when the item is ignited.
(l) “Railroad” means any railway or railroad that carries freight or passengers for hire, but does not include auxiliary tracks, spurs and sidings installed and primarily used in serving a mine, quarry or plant.
(m) “Smoke device” means a tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(n) “Snake or glow worm” means a device that consists of a pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning, which ash expands in length as the pellet burns.
(o) “Snapper” means a small, paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand, and that, when dropped, implodes.
(p) “Trick match” means a kitchen or book match that is coated with a small quantity of explosive composition and that, upon ignition, produces a small report or a shower of sparks.
(q) “Wire sparkler” means a sparkler consisting of a wire or stick coated with a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition and that contains no more than one hundred grams of this mixture.
(ORC 3743.01)
1519.02 PUBLIC EXHIBITION PERMIT REQUIRED; FEE; BOND; RECORDS.
(a) A licensed exhibitor of fireworks who wishes to conduct a public fireworks exhibition within the Municipality shall apply for approval to conduct the exhibition to the Fire Chief and from the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or similar chief law enforcement officer.
The required approval shall be evidenced by the Fire Chief or Fire Prevention Officer and by the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or similar chief law enforcement officer, signing a permit for the exhibition, the form for which shall be prescribed by the State Fire Marshal. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the Fire Marshal or, if it is available, from the Fire Chief, Fire Prevention Officer, Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or similar chief law enforcement officer.
(b) Before a permit is signed and issued to a licensed exhibitor of fireworks, the Fire Chief or Fire Prevention Officer in consultation with the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall inspect the premises on which the exhibition will take place and shall determine that, in fact, the applicant for the permit is a licensed exhibitor of fireworks. Each applicant shall show the applicant’s license as an exhibitor of fireworks to the Fire Chief or Fire Prevention Officer.
The Fire Chief or Fire Prevention Officer and the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall give approval to conduct a public fireworks exhibition only if satisfied, based on the inspection, that the premises on which the exhibition will be conducted allow the exhibitor to comply with the rules adopted by the Fire Marshal pursuant to Ohio R.C. 3743.53(B) and (E) and that the applicant is, in fact, a licensed exhibitor of fireworks. The Fire Chief or Fire Prevention Officer in consultation with the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke the permit for noncompliance with the rules.
(c) The Fire Chief or Fire Prevention Officer and the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall not issue a permit until the applicant pays a permit fee of twenty-five dollars ($25.00) plus any necessary costs of investigation of the applicant and of inspecting the premises on which the exhibition will be conducted.
Each exhibitor shall provide an indemnity bond in the amount of at least one million dollars ($1,000,000), with surety satisfactory to the Fire Chief or Fire Prevention Officer and to Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, conditioned for the payment of all final judgments that may be rendered against the exhibitor on account of injury, death or loss to persons or property emanating from the fireworks exhibition, or proof of insurance coverage of at least one million dollars ($1,000,000) for liability arising from injury, death or loss to persons or property emanating from the fireworks exhibition. The Legislative Authority may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this subsection. The Fire Chief or Fire Prevention Officer and Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this subsection.
(d) (1) Each permit for a fireworks exhibition issued by the Fire Chief or Fire Prevention Officer and by the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall contain a distinct number, designate the Municipality, and identify the certified Fire Safety Inspector, Fire Chief or Fire Prevention Officer who will be present before, during, and after the exhibition, where appropriate. A copy of each permit issued shall be forwarded by the Fire Chief or Fire Prevention Officer and by the Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, issuing it to the Fire Marshal, who shall keep a record of the permits received. A permit is not transferable or assignable.
(2) The Fire Chief, Fire Prevention Officer and Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall keep a record of issued permits for fireworks exhibitions. In this list, the Fire Chief, Fire Prevention Officer, Police Chief or other similar chief law enforcement officer, or a designee of such Police Chief or similar chief law enforcement officer, shall list the name of the exhibitor, the exhibitor’s license number, the premises on which the exhibition will be conducted, the date and time of the exhibition and the number of the permit issued to the exhibitor for the exhibition.
(e) The governing authority having jurisdiction in the location where an exhibition is to take place shall require that a certified Fire Safety Inspector, Fire Chief, or Fire Prevention Officer be present before, during, and after the exhibition, and shall require the certified Fire Safety Inspector, Fire Chief, or Fire Prevention Officer to inspect the premises where the exhibition is to take place and determine whether the exhibition is in compliance with this chapter and Ohio R.C. Chapter 3743. (ORC 3743.54)
1519.03 UNLAWFUL CONDUCT BY EXHIBITOR.
(a) No licensed exhibitor of fireworks shall fail to comply with the applicable requirements of the rules adopted by the Fire Marshal pursuant to Ohio R.C. 3743.53(B) and (E) or to comply with Divisions (C) and (D) of that section.
(b) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to Section 1519.02 or if a permit so secured is revoked by the Fire Chief or Fire Prevention Officer in consultation with the Police Chief or other similar chief law enforcement official or a designee of such Police Chief or other similar law enforcement official pursuant to that section.
(c) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with Ohio R.C. 3743.54 and 3743.55.
(d) No licensed exhibitor of fireworks or other person associated with the conduct of a fireworks exhibition shall have possession or control of, or be under the influence of, any intoxicating liquor, beer or controlled substance while on the premises on which the exhibition is being conducted.
(e) No licensed exhibitor of fireworks shall permit an employee to assist the licensed exhibitor in conducting fireworks exhibitions unless the employee is registered with the Fire Marshal under Ohio R.C. 3743.56. (ORC 3743.64)
1519.04 POSSESSION, SALE OR DISCHARGE PROHIBITED; EXCEPTIONS.
(a) No person shall possess fireworks in this Municipality or shall possess for sale or sell fireworks in this Municipality, except a licensed manufacturer of fireworks as authorized by Ohio R.C. 3743.02 to 3743.08, a licensed wholesaler of fireworks as authorized by Ohio R.C. 3743.15 to 3743.21, a shipping permit holder as authorized by Ohio R.C. 3743.40, an out-of-state resident as authorized by Ohio R.C. 3743.44, a resident of this State as authorized by Ohio R.C. 3743.45, or a licensed exhibitor of fireworks as authorized by Ohio R.C. 3743.50 to 3743.55 and Section 1519.02 and except as provided in Section 1519.05.
(b) Except as provided in Section 1519.05 and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Ohio R.C. 3743.50 to 3743.55 and Section 1519.02, no person shall discharge, ignite or explode any fireworks in this Municipality.
(c) No person shall use in a theater or public hall, what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulphur.
(d) No person shall sell fireworks of any kind to a person under eighteen years of age. No person under eighteen years of age shall enter a fireworks sales showroom unless that person is accompanied by a parent, legal guardian, or other responsible adult. No person under eighteen years of age shall touch or possess fireworks on a licensed premises without the consent of the licensee. A licensee may eject any person from a licensed premises that is in any way disruptive to the safe operation of the premises.
(e) No person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder, shall possess 1.3 G fireworks.
(ORC 3743.65)
1519.05 APPLICATION.
This chapter does not prohibit or apply to the following:
(a) The manufacture, sale, possession, transportation, storage or use in emergency situations, of pyrotechnic signaling devices and distress signals for marine, aviation or highway use;
(b) The manufacture, sale, possession, transportation, storage or use of fusees, torpedoes or other signals necessary for the safe operation of railroads;
(c) The manufacture, sale, possession, transportation, storage or use of blank cartridges in connection with theaters or shows, or in connection with athletics as signals or for ceremonial purposes;
(d) The manufacture for, the transportation, storage, possession or use by, or sale to the Armed Forces of the United States and the militia of this State of pyrotechnic devices;
(e) The manufacture, sale, possession, transportation, storage or use of toy pistols, toy canes, toy guns or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive material are used, provided that they are constructed so that a hand cannot come into contact with a cap when it is in place for explosion, or apply to the manufacture, sale, possession, transportation, storage or use of those caps;
(f) The manufacture, sale, possession, transportation, storage or use of novelties and trick noisemakers, auto burglar alarms or model rockets and model rocket motors designed, sold and used for the purpose of propelling recoverable aero models;
(g) The manufacture, sale, possession, transportation, storage or use of wire sparklers.
(h) The conduct of radio-controlled special effect exhibitions that use an explosive black powder charge of not more than one-quarter pound per charge, and that are not connected in any manner to propellant charges, provided that the exhibition complies with all of following:
(1) No explosive aerial display is conducted in the exhibition;
(2) The exhibition is separated from spectators by not less than two hundred feet;
(3) The person conducting the exhibition complies with regulations of the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury and the United States Department of Transportation with respect to the storage and transport of the explosive black powder used in the exhibition.
(ORC 3743.80)
1519.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree for a first offense and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both. (ORC 3743.99(C))