Ohio Code 3743.08 – Inspections
(A) The state fire marshal may inspect the premises of a fireworks plant, and the inventory, wholesale sale, and retail sale records, of a licensed manufacturer of fireworks during the manufacturer’s period of licensure to determine whether the manufacturer is in compliance with Chapter 3743 of the Revised Code and the rules adopted by the state fire marshal pursuant to section 3743.05 or 3743.22 of the Revised Code.
Terms Used In Ohio Code 3743.08
- Fireworks: means any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, except ordinary matches and except as provided in section 3743. See Ohio Code 3743.01
- Fireworks plant: means all buildings and other structures in which the manufacturing of fireworks, or the storage or sale of manufactured fireworks by a manufacturer, takes place. See Ohio Code 3743.01
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- licensed manufacturer: means a person licensed pursuant to sections 3743. See Ohio Code 3743.01
- List of licensed manufacturers: means the list required by division (C) of section 3743. See Ohio Code 3743.01
- state: means the state of Ohio. See Ohio Code 1.59
(B) If the state fire marshal determines during an inspection conducted pursuant to division (A) of this section that a manufacturer is not in compliance with Chapter 3743 of the Revised Code or the rules adopted by the state fire marshal pursuant to section 3743.05 or 3743.22 of the Revised Code, the state fire marshal may take one or more of the following actions, whichever the state fire marshal considers appropriate under the circumstances:
(1) Order, in writing, the manufacturer to eliminate, correct, or otherwise remedy the nonconformities within a specified period of time;
(2) Order, in writing, the manufacturer to immediately cease its operations, if a fire or explosion hazard exists that reasonably can be regarded as posing an imminent danger of death or serious physical harm to persons. The order shall be effective until the nonconformities are eliminated, corrected, or otherwise remedied or for a period of seventy-two hours from the time of issuance, whichever first occurs. During the seventy-two hour period, the state fire marshal may obtain from the court of common pleas of Franklin county or of the county in which the fireworks plant is located an injunction restraining the manufacturer from continuing its operations after the seventy-two hour period expires until the nonconformities are eliminated, corrected, or otherwise remedied.
(3) Suspend, revoke, or deny renewal of the license of the manufacturer in accordance with Chapter 119 of the Revised Code;
(4) Take action as authorized by section 3743.68 of the Revised Code.
(C) This section does not affect the authority conferred by Chapters 3781. and 3791. of the Revised Code to conduct inspections to determine conformity with those chapters or the rules adopted pursuant to them.
(D) If the license of a manufacturer of fireworks is suspended or revoked or if renewal is denied pursuant to division (B)(3) of this section or section 3743.70 of the Revised Code, the manufacturer shall cease its operations immediately. The manufacturer may not reapply for licensure as a manufacturer of fireworks until two years expire from the date of revocation.
The state fire marshal shall remove from the list of licensed manufacturers the name of a manufacturer whose license has been revoked, and shall notify the law enforcement authorities for the political subdivision in which the manufacturer’s fireworks plant is located, of the suspension, revocation, or denial of renewal.
Last updated July 1, 2022 at 4:05 AM