For release:  June 28, 2001

FOR MORE INFORMATION:   Bill Teets, Ohio Department of Commerce, Division of State Fire Marshal, 614-644-7187 (office closed July 4)  
Mary Bonelli/Mitch Wilson, Ohio Insurance Institute, 614-228-1593 (office closed July 4)

OHIO LAW REGARDING FIREWORKS AND RELATED SAFETY TIPS OFFERED BY STATEWIDE ORGANIZATIONS

COLUMBUS--With the Fourth of July around the corner, the Ohio Insurance Institute (OII) and the Ohio Department of Commerce's Division of State Fire Marshal share the following information regarding Ohio's law governing fireworks usage, general statistics and safety tips.

Ohio law and other state laws

Ohio law specifically permits the use of sparklers, trick noise makers and other such novelties.  According to the National Council on Fireworks Safety (NCFS), Ohio is one of five states that allows consumers to buy and use "novelty" fireworks.  These fireworks can be sold and used anywhere in Ohio.

The law also allows for the purchase of  "consumer fireworks" which may only be sold by a licensed fireworks manufacturer or wholesaler.  While they can be purchased by anyone over the age of 18, they cannot be used in Ohio. Purchasers must sign a form agreeing to take the items out of the state within 48 hours if they are an Ohio resident, or 72 hours if they reside outside the state. "Consumer fireworks," may include cone fountains, cylindrical fountains, roman candles, sky rockets, firecrackers, mines and shells, helicopter-type rockets, certain sparklers and revolving wheels, depending on how these are defined under state law.  Penalties for discharging "consumer fireworks" in Ohio include fines up to $1,000 and a maximum of six months in jail.

Under Ohio law, display fireworks can only be sold by a licensed fireworks manufacturer or wholesaler to a licensed fireworks exhibitor.  Only a licensed exhibitor and their registered assistants can discharge display fireworks.

NCFS reports that 18 states essentially permit all consumer fireworks, 17 permit "safe and sane" fireworks and five permit novelty fireworks, including Ohio.  Ten states prohibit the sale of all fireworks  to consumers.   Fireworks categorized as "safe and sane" vary by state, but typically include certain types of sparklers, trick noisemakers, small smoke devices, ground spinners and some ground cone and cylindrical fountains.

Some states have limited times of  year when fireworks can be sold.  For state-specific information, go to the National Council on Fireworks Safety web page: www.fireworksafety.com/statelaws/index.html.

Statistics

• Fireworks-related injuries seem to have stabilized.  According to the US Consumer Product Safety Commission (CPSC), there were an estimated 8,500 people treated for fireworks-related injuries in 1999, the same as in 1998.  That's down from 10,900 in 1995.  In 1994, the figure was 12,500.  From 1994 to 1999, the injury rate dropped over 32%.
• According to CPSC, there were 16 deaths from fireworks in 1999 and 13 reported in 1998.
• Children under age 15 account for 45% of those injured by fireworks in 1999, with one-third of these injuries involving firecrackers.  Rockets accounted for about 20% of the injuries and sparklers accounted for 15%.

General fireworks safety tips

• Always read and follow label directions.  Even legal fireworks might not be safe.  For example, sparklers can reach temperatures above 1,200 degrees.
• Children should always be supervised by an adult when using any type of fireworks
• Buy from reliable sellers
• Use outdoors only
• Always have water handy (a garden hose and a bucket)
• Never experiment or make your own fireworks
• Light only one firework at a time
• Never re-light a "dud" firework (wait 15 to 20 minutes and then soak it in a bucket of water)
• Never give fireworks to small children
• If necessary, store fireworks in a cool, dry place
• Dispose of fireworks properly by soaking them in water and before placing in a trash can
• Never throw or point fireworks at others
• Never shoot fireworks in metal or glass containers
• The shooter should always wear eye protection and never have any part of the body over the firework
• Stay away from illegal explosives

Safety tips for public fireworks displays

The actual firing of display fireworks is conducted by a trained pyrotechnic operator and registered crew.  These professionals are required to know and comply with state and local regulations.  The local fire service is responsible for approving the display, and for conducting inspections before, during and after the display to ensure adherence to fireworks laws.

At public fireworks displays:

• Spectators should obey all ushers or monitors and respect the safety barriers set up to allow the trained operator room to safely do his job.  Resist any temptation to get close to the actual firing site.  In fact, the best view of the fireworks is from a quarter of a mile or more away.
• Although it rarely happens, it is possible that a firework component might fall to the ground without exploding.  Be cautioned not to touch these fireworks.  If you happen to find any which have not exploded, contact the local fire or police department as soon as possible.
• Leave pets at home if you are going to a fireworks show.  Pets have very sensitive ears and the booms and bangs associated with a fireworks display can be quite uncomfortable -- particularly to dogs. In fact, the noises can actually hurt their ears.
• Leave the lighting of all fireworks to the trained operator when you attend a public display. Sparklers, fountains and other items that many states allow for use by private individuals are not appropriate to use when a large crowd is present.

Sources: US Consumer Product Safety Commission, National Council on Fireworks Safety