Effective: July 1, 2007
Latest Legislation: House Bill 241 - 126th General Assembly
(A) The fire marshal, an assistant fire marshal, or a certified fire safety inspector may arrest, or may cause the arrest of, any person whom the fire marshal, assistant fire marshal, or certified fire safety inspector finds in the act of violating, or who the fire marshal, assistant fire marshal, or certified fire safety inspector has reasonable cause to believe has violated, sections 3743.60 to 3743.66 of the Revised Code. Any arrest shall be made in accordance with statutory and constitutional provisions governing arrests by law enforcement officers.
(B) If the fire marshal, an assistant fire marshal, or certified fire safety inspector has probable cause to believe that fireworks are being manufactured, sold, possessed, transported, or used in violation of this chapter, the fire marshal, assistant fire marshal, or certified fire safety inspector may seize the fireworks. Any seizure of fireworks shall be made in accordance with statutory and constitutional provisions governing searches and seizures by law enforcement officers. The fire marshal's or certified fire safety inspector's office shall impound at the site or safely keep seized fireworks pending the time they are no longer needed as evidence. A sample of the seized fireworks is sufficient for evidentiary purposes. The remainder of the seized fireworks may be disposed of pursuant to an order from a court of competent jurisdiction after notice and a hearing.
Fireworks manufactured, sold, possessed, transported, or used in violation of this chapter shall be forfeited by the violator. The fire marshal's or certified fire safety inspector's office shall dispose of seized fireworks pursuant to the procedures specified in sections 2981.11 to 2981.13 of the Revised Code for the disposal of forfeited property by law enforcement agencies, and the fire marshal or that office is not liable for claims for the loss of or damages to the seized fireworks.
(C) This section does not affect the authority of a peace officer, as defined in section 2935.01 of the Revised Code, to make arrests for violations of this chapter or to seize fireworks manufactured, sold, possessed, transported, or used in violation of this chapter.
(D) Any fines imposed for a violation of this chapter relating to the sale, purchase, possession, or discharge of fireworks shall be distributed in the following manner if a municipal corporation, county, or township either filed or enforced the complaint regarding the violation. One-half of the amount of the fine shall be distributed to the municipal corporation, county, or township which filed the complaint regarding the violation and one-half of the amount of the fine shall be distributed to the municipal corporation, county, or township which enforced the complaint. If the same municipal corporation, county, or township both filed the complaint regarding the violation and enforced the complaint, the entire amount of the fine shall be distributed to that municipal corporation, county, or township.
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.