COLUMBUS, OHIO – 2006 Fireworks Frequently Asked Questions from the Ohio Department of Commerce – State Fire Marshal’s office.

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

What Types of Fireworks are Legal in Ohio?

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

Trick and Novelty Fireworks
Trick and novelty fireworks (also known as exempted 1.4G fireworks) include items such as sparklers, snaps, glow snakes and smoke bombs. In general, these can be sold anywhere in Ohio and can be used anywhere in the state. However, some local communities have passed laws that prevent these from being sold also.

1.3G Fireworks
These are also known as display or exhibitor fireworks and include items such as aerial shells that are fired from mortars. They can only be sold by a licensed manufacturer, wholesaler, or out of state shipper. They can only be sold to a licensed manufacturer, wholesaler or exhibitor. They can only be discharged by a licensed exhibitor in accordance with Ohio laws regarding exhibitions.

1.4G Fireworks
These are commonly referred to as consumer fireworks. They include items such as firecrackers, bottle rockets, roman candles and fountains. Only a licensed manufacturer or wholesaler can sell these items. Anyone over the age of 18 may purchase these items, but must sign a form stating that they will transport the fireworks outside the state of Ohio within 48 hours (or 72 for non-residents of Ohio). These fireworks cannot be discharged legally in the state of Ohio.

How Many Fireworks Stores are in Ohio?
There are 41 licensed wholesalers in Ohio. A licensed wholesaler may sell trick and novelty, 1.3G and 1.4G fireworks. In addition, there are nine licensed manufacturers. They may manufacture fireworks as well as sell fireworks. In total, this makes 51 licensees who are authorized to sell fireworks in Ohio. There is currently a moratorium preventing the issuance of any new licenses.

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

Are there penalties for failing to follow Ohio’s fireworks laws?
Yes. First time violations of fireworks laws are first-degree misdemeanors, punishable by up to a $1,000 fine and six months in jail. Subsequent violations are a fifth degree felony. Violations include falsifying the purchaser form, failing to fill it out, failing to transport fireworks out of state within the specified time period, and discharging fireworks. In addition to criminal prosecution, licensed fireworks manufacturers and wholesalers are subject to administrative action for violations.

How many injuries result from fireworks use?
The U.S. Consumer Product Safety Commission (CPSC) estimates that in 2004, about 9,600 people were treated in hospital emergency rooms for injuries associated with fireworks. Approximately half of the injuries were burns. The injuries most often involved the hands, eyes and head. About 40 percent of the victims were under 15 years of age. The CPSC also reported 8 deaths related to fireworks in 2004. There is no system for tracking such injuries in Ohio.

How Does the State Fire Marshal promote fireworks safety in Ohio?
The Department of Commerce has taken several steps to increase fireworks safety, both in showrooms and for public exhibitions. The focus is on the regulation and education of the fireworks industry and those involved in the exhibition of fireworks.

In 2006 to improve safety at exhibitions, the Marshal’s Office has been involved in service training classes for exhibitors, members of the fire service, wholesalers and manufacturers. The Marshal’s Office has implemented a fireworks incident team (FIT) plan of operations to respond to the scene of any fireworks accident to investigate and assist local authorities. Investigations by FIT have lead to both administrative and criminal action being taken against exhibitors who fail to follow the regulations.

What is the Process for Fireworks Exhibitions?
Only licensed fireworks exhibitors can perform fireworks exhibitions. There are approximately 561 exhibitors in Ohio. All employees of exhibitors must be registered with the State Fire Marshal. There are about 1600 registered assistants of licensed exhibitors. Exhibitors must undergo six hours of training on fireworks laws and safety every three years, and must, in turn, relay that training to all employees on an annual basis.

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