Starting next July 4th, and likely sooner, Ohio residents will be able to use consumer-grade fireworks without breaking the law.
It is currently illegal to use these fireworks in Ohio – Massachusetts is the only other state to ban them – but people are rarely prosecuted for doing so.
State lawmakers have passed a bill with Senator Michael Rulli, R-Salem, as main sponsor, making the discharge of fireworks legal for consumers on certain days: New Years Eve and New Years Eve; Chinese new year; Cinco de Mayo; Memorial Day Weekend; June 10th; July 3rd, 4th and 5th and the previous and following weekends; Weekend on Labor Day; and Diwali, a five day Indian festival.
The law also allows the use of fireworks “legal holidays” as defined by the Ohio Revised Code. In addition to some of the days mentioned above, ORC lists the following holidays: Martin Luther King Jr. Day, Presidents Day, Columbus Day, Veterans’ Day, Thanksgiving, Christmas and “Any day designated and recommended as a holiday by the governor of that state or the President of the United States.”
Local governments could limit dates and times or even legally impose a complete ban on fireworks. It would not go into effect until 260 days after the governor signed it.
TOP DEALER
“That’s a great bill” said Bruce Zoldan, President and CEO of Phantom Fireworks of Youngstown, the country’s leading fireworks retailer. “The bottom line is that people are buying fireworks and using them in Ohio. You will this year. We passed numerous bills in the House or Senate, but they couldn’t agree on a bill. I am happy that they were able to agree on this. “
However, Zoldan isn’t sure DeWine, whom he calls a longtime friend, will sign it.
“The governor hesitates a little” said Zoldan. “Hopefully he’ll sign it and trust the facts. Legalizing it is a wise decision. But I think there are enough votes in the House and Senate to override a veto if it does. “
Zoldan said the bill makes fireworks safer to use because it puts a 4 percent fee on retail sales that begin 100 days after the bill goes into effect. That money would be used to fund firefighter training programs and to help regulate and enforce the fireworks industry through the Ohio State Fire Marshal. This would crack down on bootleg fireworks dealers, he said.
The bill also establishes the Ohio Fire Code Rule recommendation committee, comprised of the State Fire Marshal, local Fire Chiefs, a local Police Chief, members of the Ohio State Pyrotechnics Association, a member of the Ohio Affiliate of Prevent Blindness, an Ohio Optometric Association, composed of a member, a member of the Ohio Pyrotechnic Arts Guild, a representative of the Ohio Chapter of the American Academy of Pediatrics, and a member of the Ohio Council of Retail Merchants. The committee would advise the state fire marshal on rules for fireworks use, sales, manufacturing authorization, and wholesale authorization.
“With the right parameters and safety precautions, the Ohioans will soon be able to safely celebrate our holidays.” said Rulli.
As for his company, Zoldan said that fireworks legalization in Ohio “Pretty much double our business in the state. There is a large percentage of people who wait to purchase until they are legalized in Ohio. “
Phantom operates more than 85 stores and approximately 1,600 seasonal stalls and tents in 15 states, Zoldan said.
During last year’s COVID-19 pandemic, Zoldan said Phantom sold about twice as much as in 2019. This year will be even better, he said, even though Phantom only received 70 percent of the fireworks it ordered due to a shipping crisis China, where fireworks are made.
The bill also allows retail fireworks establishments to increase the maximum floor area from 5,000 square feet to 10,000 square feet as long as proper sprinkler systems are installed.
ADVANTAGES AND DISADVANTAGES
Mahoning County Sheriff Jerry Greene said: “I’m definitely not against fireworks as long as people are responsible for them. That is the key: people have to handle fireworks responsibly. “
But the bill met opposition.
” “Insists that this law will lead to more fireworks injuries among Ohioans.”
Williams added: “Despite industry warnings and public service announcements, many consumers believe that something that is legalized is inherently safe. This is the core of our concern with (the bill). The Ohio fireworks ban sends a clear message to our citizens: Fireworks are dangerous. “
About half of all fireworks injuries are bystanders and not the people who actually set the fireworks off, Williams said.
In Ohio, a person can currently purchase fireworks, but it is illegal to use them in the state. They must be taken out of state within 48 hours of purchase. Only novelties that generate smoke, pops and / or sparkles are permitted. While the use of fireworks is a first degree offense in the state, the law is rarely enforced.
Michael D. Farley, vice president of government affairs and general counsel of the Ohio Insurance Institute, a property and casualty insurance association, also opposed the bill.
“The proliferation of consumer-grade fireworks is likely to result in more child injuries in Ohio.” he said. The statement “Is a wide-open provision to encourage the use of consumer-grade fireworks in Ohio.”
State Representative Michael J. O’Brien, D-Warren, a longtime proponent of fireworks legalization, said the bill “Gives people permission to do what they have been doing for decades, but legally. There is a local control so that municipalities can reduce the dates or opening times or ban fireworks altogether. The state fire brigade marshal will have rules and with 4 percent of the gross income that goes to the state fire brigade marshal, he will finance security. “
The provision that the law does not go into effect for 260 days will allow the fire marshal to make rules and get wholesalers to understand them, O’Brien said.
It will also help the local economy, as Phantom and Wholesale Fireworks have a large workforce in Niles, he said.
“The bill has been running for more than a decade” said O’Brien.
State Representative Al Cutrona, R-Canfield said: “The legislature has given a lot of thought to this. There is a lot of clarification in the bill. People set off fireworks on July 4th. At least it will be in the law now. It’s a good bill and it’s long overdue. “
Fireworks safety
According to the Consumer Product Safety Commission’s Fireworks Annual Report 2020, approximately 10,300 firework injuries were treated in U.S. emergency rooms between June 21 and July 21, 2020. Trick and novelty fireworks – those that smoke, twinkle, snap, and snake – are the only types of fireworks that consumers can legally set off. Handling tips:
• Handle and unload trick and novelty devices only under adult supervision;
• Find out about the dangers of each type of device used;
• Read and follow the instructions on the label on the packaging of a trick and novelty device;
• Light only one sparkler at a time and keep it away from your body and others;
• Sparklers should only be used by people aged 12 and over;
• Sparkler wires should be placed in a bucket of water immediately to avoid injury as they will remain hot for a few minutes after being burned out;
• Consider replacing sparklers with a safer alternative, such as a sparkler. B. glow plugs.
SOURCES: The Ohio Department of Commerce’s Division of State Fire Marshal and the Ohio Fire Chiefs’ Association
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