STATE FIRE MARSHAL URGES FIREWORKS CAUTION

Despite Changes in Laws, Most Fireworks Still Illegal

With the approach of the 4th of July holiday, State Fire Marshal James McNamee is urging Ohioans to consider the safety and legal consequences of possessing and igniting fireworks in Ohio. The Ohio Department of Commerce's Division of State Fire Marshal administers Ohio's fireworks law.

"Not only are most fireworks illegal, but they can be extremely dangerous as well," said State Fire Marshal McNamee. "I urge all Ohioans to make fireworks a safe part of their holiday by visiting a local, professionally produced fireworks show."

The U.S. Consumer Product Safety Commission estimates that in 1997, about 8,300 people were treated in hospital emergency rooms for injuries associated with fireworks. Approximately 50 percent of the injuries were burns, half of which involved the hands, eyes and head. Nearly half of the victims were under 15 years of age.

While legislation passed last year made safety enhancements in how fireworks are sold and how they are used in exhibitions, the types of fireworks that can be sold and used remain the same. There are three classifications of fireworks sold in Ohio: trick and novelty items, 1.4G (consumer) fireworks, and 1.3G (display) fireworks.

Only novelty item fireworks, such as sparklers, snakes, smoke-related items, and finger snaps can be purchased and used anywhere in Ohio. "No one should equate legal with safe," Fire Marshal McNamee said. "All fireworks are inherently dangerous, particularly in the hands of children." McNamee pointed to sparklers as an example. Sparklers can reach temperatures of 1800 degrees Fahrenheit, hot enough to melt gold.

Consumer, or 1.4G, fireworks can be legally sold by Ohio's 52 licensed wholesalers or manufacturers but cannot be used in Ohio. Firecrackers, bottle rockets, Roman candles, skyrockets, fountains, and missiles are examples of 1.4G fireworks. When purchasing these items, the buyer must sign an affidavit stating that they will be taken to a designated out-of-state address. After the items are purchased, Ohio residents must take these fireworks out of Ohio within 48 hours and out-of-state residents must do so within 72 hours. No one can legally discharge these fireworks in Ohio.

The last category of fireworks sold in Ohio are sold exclusively to licensed exhibitors for local displays operated by trained and licensed exhibitors. These 1.3G fireworks are not available for sale to the public.

Under Ohio's fireworks law, stiff penalties can be applied for the illegal possession or discharge of fireworks. It is a first-degree misdemeanor for non-licensed individuals to discharge fireworks in Ohio, to falsify an application when purchasing fireworks, or to possess them for more than 48 or 72 hours without taking them to the designated out-of-state address. First-time offenders are subject up to a $1,000 fine and six months imprisonment.

Major changes in fireworks laws were passed by the legislature last year. These changes include new structural and operational requirements for fireworks stores, training requirements for store owners and exhibitors, and operational changes for exhibitors.

Specific changes for manufacturers and wholesalers include:

• the installation of smoke evacuations systems




• layout changes, including shorter shelves, wider isles and outward swinging doors, that make for easier egress




• requirements that all fuses be "safety fuses" or covered; and




• the requirement that a safety officer be present in the showroom during the peak sales season (surrounding the 4th of July holiday).

Changes for exhibitors include:

• six hours of training every three years for all licensees;




• annual registration and training of all employees; and




• the prohibition of anyone other than the licensed exhibitor, his registered employees or local fire official from entering the fireworks launch area.