Terms Used In Ohio Code > Chapter 3743 - Fireworks

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bequest: Property gifted by will.
• Bond: includes an undertaking. See Ohio Code 1.02
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Discharge site: means an area immediately surrounding the mortars used to fire aerial shells. See Ohio Code 3743.01
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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 incident: means any action or omission that occurs at a fireworks exhibition, that results in injury or death, or a substantial risk of injury or death, to any person, and that involves either of the following:

  (1) The handling or other use, or the results of the handling or other use, of fireworks or associated equipment or other materials;

  (2) The failure of any person to comply with any applicable requirement imposed by this chapter or any applicable rule adopted under this chapter. See Ohio Code 3743.01

• Fireworks incident site: means a discharge site or other location at a fireworks exhibition where a fireworks incident occurs, a location where an injury or death associated with a fireworks incident occurs, or a location where evidence of a fireworks incident or an injury or death associated with a fireworks incident is found. 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
• Fountain device: means a specific type of 1. See Ohio Code 3743.01
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Highway: means any public street, road, alley, way, lane, or other public thoroughfare. 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.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Licensed building: means a building on the licensed premises of a licensed manufacturer or wholesaler of fireworks that is approved for occupancy by the building official having jurisdiction. See Ohio Code 3743.01
• licensed exhibitor: means a person licensed pursuant to sections 3743. See Ohio Code 3743.01
• licensed manufacturer: means a person licensed pursuant to sections 3743. See Ohio Code 3743.01
• Licensed premises: means the real estate upon which a licensed manufacturer or wholesaler of fireworks conducts business. See Ohio Code 3743.01
• licensed retailer: means a person licensed pursuant to section 3743. See Ohio Code 3743.01
• licensed wholesaler: means a person licensed pursuant to sections 3743. See Ohio Code 3743.01
• List of licensed exhibitors: means the list required by division (C) of section 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
• List of licensed wholesalers: means the list required by division (C) of section 3743. See Ohio Code 3743.01
• Manufacturing of fireworks: means the making of fireworks from raw materials, none of which in and of themselves constitute a fireworks, or the processing of fireworks. See Ohio Code 3743.01
• Novelties and trick noisemakers: include the following items:

  (1) Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers, and snappers;

  (2) Snakes or glow worms;

  (3) Smoke devices;

  (4) Trick matches. See Ohio Code 3743.01

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Processing of fireworks: means the making of fireworks from materials all or part of which in and of themselves constitute a fireworks, but does not include the mere packaging or repackaging of fireworks. See Ohio Code 3743.01
• Property: means real and personal property. See Ohio Code 1.59
• Railroad: means any railway or railroad that carries freight or passengers for hire, but does not include auxiliary tracks, spurs, and sidings installed and primarily used in serving a mine, quarry, or plant. See Ohio Code 3743.01
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rule: includes regulation. See Ohio Code 1.59
• sell at retail: means a sale of fireworks to a purchaser who intends to use the fireworks, and not resell them. See Ohio Code 3743.01
• sell at wholesale: means a sale of fireworks to a purchaser who intends to resell the fireworks so purchased. See Ohio Code 3743.01
• state: means the state of Ohio. See Ohio Code 1.59
• Statute: A law passed by a legislature.
• Storage location: means a single parcel or contiguous parcels of real estate approved by the state fire marshal pursuant to division (I) of section 3743. See Ohio Code 3743.01
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes all the states. See Ohio Code 1.59
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02