Effective: February 7, 2022
Latest Legislation: House Bill 172 - 134th General Assembly
(A) A licensed fountain device retailer is authorized to possess fountain devices and sell fountain devices at retail pursuant to this section:
(1) A licensed retailer's displays for fountain devices shall be limited to three hundred square feet. No single fountain device display shall exceed one hundred fifty square feet, and each display must be placed at least twenty-five feet from any other highly flammable materials.
(2) A licensed retailer's possession and storage of fountain devices shall comply with the national fire protection association standard "NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles (2006 Edition)."
(3) A licensed retailer shall only possess and sell fountain devices as packaged merchandise with covered fuses.
(4) A licensed retailer's fountain devices that are displayed for sale shall be under the visual supervision of an employee of the licensed retailer or other responsible party while the licensed retail location is open to the public.
(5) A licensed retailer's possession, storage, and sale of fountain devices shall comply with the state fire marshal's rules adopted pursuant to section 3743.28 of the Revised Code.
(6) No licensed retailer shall sell fountain devices to a person who is under eighteen years of age.
(7) No licensed retailer shall knowingly sell fountain devices to a person who is obviously under the influence of alcohol or a drug of abuse, as defined in section 4506.01 of the Revised Code.
(8) A licensed retailer shall comply with divisions (A) and (B) of section 3743.47 of the Revised Code.
(9) A licensed retailer shall possess and sell fountain devices only at the location described in the application for licensure and the sale shall be from the inside of a licensed building and from no structure or device outside a licensed building. At no time shall a licensed retailer sell fountain devices outside of a licensed building.
(10) A licensed retailer shall prohibit smoking in the licensed location.
(B) No licensed fountain device retailer shall negligently fail to furnish a safety pamphlet to a purchaser of 1.4G fireworks as required by division (A) of section 3743.47 of the Revised Code.
(C) No licensed fountain device retailer shall negligently fail to have safety glasses available for sale as required by division (B) of section 3743.47 of the Revised Code.
Last updated December 9, 2021 at 4:10 PM
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Section 3743.01 | Fireworks Definitions.
Section 3743.02 | Application for License to Manufacture Fireworks.
Section 3743.021 | Application for End-of-Moratorium Fireworks Manufacturer License.
Section 3743.03 | Reviewing Application of Manufacturer.
Section 3743.04 | License Renewal.
Section 3743.041 | Issuance of End-of-Moratorium Fireworks Manufacturer License.
Section 3743.05 | Rules Governing Classification, Manufacturing, and Packaging.
Section 3743.06 | Operation of Fireworks Plants.
Section 3743.08 | Inspections.
Section 3743.15 | Application for Wholesaler's License.
Section 3743.151 | Application for End-of-Moratorium Fireworks Wholesaler License.
Section 3743.16 | Reviewing Application of Wholesaler.
Section 3743.17 | Wholesaler's License Renewal.
Section 3743.171 | Issuance of End-of-Moratorium Fireworks Wholesaler License.
Section 3743.18 | Storage and Business Operations.
Section 3743.19 | Additional Requirements for Wholesalers.
Section 3743.21 | Inspections.
Section 3743.22 | Consumer-Grade Fireworks Fee.
Section 3743.25 | Safety Requirements for Fireworks Showroom Structures.
Section 3743.26 | Fountain Device Retailer Licenses.
Section 3743.27 | Fountain Device Retailer Operations.
Section 3743.28 | Rules for Fountain Device Retailers.
Section 3743.29 | Fountain Device Retailer Inspections and Discipline.
Section 3743.40 | Applying for Shipping Permit by Nonresident.
Section 3743.44 | Purchase of Commercial-Grade Fireworks.
Section 3743.45 | Purchase, Use, and Local Regulation of Consumer-Grade Fireworks.
Section 3743.451 | Rules for Consumer-Grade Fireworks Use.
Section 3743.46 | Fireworks Sales to Out-of-State Residents.
Section 3743.47 | Safety Pamphlet and Glasses for Consumer Sales.
Section 3743.50 | Applying for Exhibitor's License.
Section 3743.51 | Requirements.
Section 3743.53 | Qualifying as Exhibitor and for Exhibitions.
Section 3743.54 | Public Fireworks Exhibitions - Additional License Categories.
Section 3743.541 | Fireworks Incidents.
Section 3743.55 | Exhibitor Required to Display License to Seller.
Section 3743.56 | Annual Registration of Exhibitor's Employees.
Section 3743.57 | Deposit of Fees in State Fire Marshal's Fund.
Section 3743.58 | Shipping or Transporting Fireworks.
Section 3743.59 | Variances to Fireworks Law Requirements; Hobbyists.
Section 3743.60 | Prohibitions.
Section 3743.61 | Wholesaler Restrictions.
Section 3743.63 | Purchaser Restrictions.
Section 3743.64 | Fireworks Exhibitions and Exhibitors - Prohibited Activities.
Section 3743.65 | Possession, Sale, and Use Restrictions.
Section 3743.66 | Limiting Shipping or Transporting.
Section 3743.67 | Ohio Fire Code Rule Recommendation Committee.
Section 3743.70 | No License Issued to Felon.