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Posted on: June 30, 2022

What you need to know about Ohio's new fireworks law

Fireworks

NEW OHIO FIREWORKS LAW

 

  • Now allows private use of 1.4G (consumer grade) fireworks.
  • The use of 1.3G fireworks is still prohibited except by licensed exhibitors.

 

PERMITTED DATES – ORC 3743.45 and OAC 1301:7-7-56 Section 5626.5.1

  • New Year’s Day (January 1);
  • Chinese New Year’s Day (falls between January 21 and February 20);
  • Cinco de Mayo (May 5);
  • Memorial Day weekend (last Monday in May, and Saturday and Sunday immediately preceding);
  • Juneteenth (June 19);
  • July 3, 4, and 5;
  • The first Friday, Saturday, and Sunday before and after July 4th;
  • Labor Day weekend (first Monday in Sept., and Saturday and Sunday immediately preceding);
  • Diwali (usually in October or November); and
  • New Year’s Eve (December 31).

 

PERMITTED TIMES – OAC 1301:7-7-56 Section 5626.5.2

  • 4:00 p.m. to 11:00 p.m., except New Year’s Eve/New Year’s Day.
  • New Year’s Eve/New Year’s Day – 4:00 p.m. New Year’s Eve to 1:00 a.m. New Year’s Day.

 

PROHIBITIONS – OAC 1301:7-7-56 Section 5626.5.2

  • Cannot discharge during adverse weather conditions (high winds, precipitation, etc.).
  • Must cease discharge if fireworks debris falls into a spectator area.
  • Cannot discharge during drought conditions (burn ban, fire weather watch or red flag warning).
  • No one under 18 is permitted to handle or discharge 1.4G fireworks.
  • No one under 18 is allowed within 150 feet of the point of discharge.
  • Cannot have tents within the discharge site.
  • Cannot point, aim, or discharge at or towards any person or object.
  • Cannot discharge within the boundaries of any federal, state, or local park, forest, nature conservancy, or public recreation area.
  • Cannot discharge on public property or private school property.
  • Cannot discharge in any street, highway, alley, or other public way.

 

REQUIRED PERMISSIONS – OAC 1301:7-7-56 Section 5626.5.1

  • If discharging on your own property, must have written permission from all owners of property within the applicable maximum allowable separation distances.
  • If you discharge from someone else’s property, you must have written authorization from the property owner and written permission from all owners of property within the applicable maximum allowable separation distances.

 

REQUIRED SEPARATION DISTANCES – OAC 1301:7-7-56 Section 5626.5.7

  • From Spectators:
    1. Vertical Aerial Shells – minimum discharge radius of at least 150 feet.
    2. Vertical Ground Items (roman candles, cakes, bottle rockets, etc.) – minimum discharge radius of at least 150 feet.
    3. Nonvertical Ground Items (fountains, firecrackers, ground effects) – minimum discharge radius of at least 70 feet), unless children under 18 are present, then the minimum discharge radius is at least 150 feet.
  • From Buildings & Structures:
    1. Generally, minimum separation distance from point of discharge of each 1.4G aerial shell to the nearest point of any structure or building – at least 150 feet.
    2. Multitenant properties, hotels, motels – minimum separation distance from point of discharge of any 1.4G firework to the nearest point of the structure or building:
      • Vertical Aerial Shells – minimum discharge radius of at least 450 feet.
      • Vertical Ground Items (roman candles, cakes, bottle rockets, etc.) – minimum discharge radius of at least 450 feet.
      • Nonvertical Ground Items (fountains, firecrackers, ground effects) – minimum discharge radius of at least 210 feet), unless children under 18 are present, then the minimum discharge radius is at least 450 feet.
    3. Hospitals, education facilities, health care facilities, licensed group or residential facilities – minimum separation distance from point of discharge of any 1.4G firework to the nearest point of the structure or building:
      •  Vertical Aerial Shells – minimum discharge radius of at least 300 feet.
      • Vertical Ground Items (roman candles, cakes, bottle rockets, etc.) – minimum discharge radius of at least 300 feet.
      • Nonvertical Ground Items (fountains, firecrackers, ground effects) – minimum discharge radius of at least 140 feet), unless children under 18 are present, then the minimum discharge radius is at least 300 feet.
    4. Military installations, railroads, airports, and fireworks establishments – minimum separation distance from point of discharge of any 1.4G firework to the nearest point of the structure or building:
      • Vertical Aerial Shells – minimum discharge radius of at least 450 feet.
      • Vertical Ground Items (roman candles, cakes, bottle rockets, etc.) – minimum discharge radius of at least 450 feet.
      • Nonvertical Ground Items (fountains, firecrackers, ground effects) – minimum discharge radius of at least 210 feet), unless children under 18 are present, then the minimum discharge radius is at least 450 feet.
    5. Bulk storage areas with flammable, explosive, or toxic materials – minimum separation distance from point of discharge of any 1.4G firework to the nearest point of the structure or building:
      •  Vertical Aerial Shells – minimum discharge radius of at least 300 feet.
      • Vertical Ground Items (roman candles, cakes, bottle rockets, etc.) – minimum discharge radius of at least 300 feet.
      • Nonvertical Ground Items (fountains, firecrackers, ground effects) – minimum discharge radius of at least 140 feet), unless children under 18 are present, then the minimum discharge radius is at least 300 feet.
  • Aerial Shells – the discharge site shall be located so that the post ignition trajectory of the shell does not come within 25 feet of any overhead object, structure, or vehicle.

 

LOCAL ENFORCEMENT

  • Discharge while in possession of, or under the influence of, alcohol or a controlled substance is a first degree misdemeanor.
  • The City can still enforce noise regulations, peace disturbances, and disorderly conduct.
  • State Fire Marshal can seek prosecution of any violation of the State Fire Code.