Ohio Administrative Code › Title 1301:7 - Division of State Fire Marshal › Chapter 1301:7-7 - Ohio Fire Code › Section 1301:7-7-56 - Explosives and fireworks

Current through all regulations passed and filed through July 1, 2024
(A)
Section 5601 General
(1)
5601.1 Scope.
The
			 provisions of paragraphs (A)(5601) to (G)(5607) of this rule shall govern the
			 possession, manufacture, storage, handling, sale and use of explosives,
			 explosive materials, matters described in section
			 3743.80 of the Revised Code and
			 small arms ammunition. The provisions referencing fireworks in paragraphs
			 (A)(5601) to (E)(5605), (H)(5608) to (J)(5610) and (L)(5612) to
			 
										(BB)(5628) of this rule shall govern the possession,
			 manufacture, storage, handling, sale and use of fireworks. The provisions of
			 paragraph (K)(5611) of this rule shall govern the operation of flame effects.
			 The provisions in paragraph (Z)(5626) of this rule shall govern the possession,
			 storage, handling, discharge and use of
			 1.4 G fireworks purchased
			 pursuant to sections 3743.27,
			 3743.45 and
			 3743.451 of the Revised Code.
			 The provisions in paragraphs (Z)(5626) and (AA)(5627)
			 of this rule shall be incorporated into and considered part of the state fire
			 code adopted pursuant to section
			 3737.82 of the Revised Code and
			 may be enforced pursuant to the provisions of Chapters 3737. and 3743. of the
			 Revised Code and rule
			 1301:7-7-01 of the
			 Administrative Code.
Exceptions:
1. The Armed Forces of the United States,
			 Coast Guard or National Guard.
2.
			 Explosives in forms prescribed by the official United States
			 Pharmacopoeia.
3. The possession,
			 storage and use of small arms ammunition where packaged in accordance with DOTn
			 packaging requirements.
4. The
			 possession, storage and use of not more than 1 pound (0.454 kg) of commercially
			 manufactured sporting black powder, 20 pounds (9 kg) of smokeless powder and
			 10,000 small arms primers for hand loading of small arms ammunition for
			 personal consumption.
5. The use of
			 explosive materials by federal, state and local regulatory, law enforcement and
			 fire agencies acting in their official capacities.
6. Special industrial explosive devices that
			 in the aggregate contain less than 50 pounds (23 kg) of explosive
			 materials.
7. The possession,
			 storage and use of blank industrial-power load cartridges where packaged in
			 accordance with DOTn packaging regulations.
8. Transportation in accordance with DOTn
			 49 CFR Parts
			 100-185
as listed in rule
			 1301:7-7-80 of the
			 Administrative Code
.
9.
			 Items preempted by federal regulations.
(a)
5601.1.1 Explosive material standard.
In addition to the
			 requirements of this
rule
, NFPA 495
as listed in rule
			 1301:7-7-80 of the
			 Administrative Code
shall govern the manufacture, transportation,
			 storage, sale, handling and use of explosive materials.
(b)
5601.1.2 Explosive material
			 terminals.
In addition to the requirements of this
rule
, the operation of explosive material terminals shall
			 conform to the provisions of NFPA 498
as listed in rule
			 1301:7-7-80 of the
			 Administrative Code
.
(c)
5601.1.3 Fireworks.
The possession, manufacture, storage, sale,
			 handling,
exhibition
and use of fireworks are prohibited
except as permitted in accordance with Chapter 3743. of the Revised
			 Code and this rule
.
Matters relating to the construction and
			 operation of a fireworks retail showroom subject to sections
			 3743.04(B)  or
			 3743.25 of the Revised Code,
			 including matters not addressed in NFPA 1124
			 (
												2017
			 Edition) shall comply with NFPA 1124 (2006 Edition) as listed in rule
			 1301:7-7-80 of the
			 Administrative Code. All other references to NFPA 1124 in this rule shall mean
			 NFPA 1124 (
												2017 Edition) as listed in rule
			 1301:7-7-80 of the
			 Administrative Code.
(i)
5601.1.3.1 Fireworks variances by state fire
			 marshal.
In addition to the authority to grant
			 modifications in accordance with paragraph
(D)(8)(104.8)
of rule
			 1301:7-7-01 of the
			 Administrative Code, the state fire marshal may grant a variance to any
			 provision of this code promulgated under the authority of Chapter 3743. of the
			 Revised Code upon written application by an affected party and upon
			 demonstration by that party of all of the following:
(a)
That a literal enforcement of the
			 provision will result in a practical difficulty in complying with the
			 requirements of this code; and
(b)
That the variance will not
			 threaten the public health, safety or welfare.
(ii)
5601.1.3.2.
A request for variance
			 submitted pursuant to this rule shall only be considered upon production of any
			 information or documentation requested by the state fire marshal. The
			 particulars of such variance when granted shall be in writing, entered upon the
			 records of the state fire marshal and furnished to the applicant and the
			 authority having jurisdiction, if said authority is other than the state fire
			 marshal.
(iii)
5601.1.3.3.
Unless otherwise stipulated
			 by the state fire marshal upon the granting of a variance, each variance
			 granted pursuant to this rule shall automatically terminate one year from the
			 date of its issuance.
(iv)
5601.1.3.4.
There shall be no automatic
			 renewals of any variance granted pursuant to this rule. Each variance shall be
			 specifically applied for in writing by the requesting party and independently
			 considered by the state fire marshal.
(d)
5601.1.4 Rocketry.
The
			 storage, handling and use of model and high-power rockets shall comply with the
			 requirements of NFPA 1122, NFPA 1125 and NFPA 1127
as listed in rule
			 1301:7-7-80 of the
			 Administrative Code
.
(e)
5601.1.5 Ammonium nitrate.
The storage and handling of ammonium
			 nitrate shall comply with the requirements of NFPA 400
as listed in
			 rule 1301:7-7-80 of the
			 Administrative Code
and
rule
			 1301:7-7-63 of the
			 Administrative Code
.
Exception:
Storage of ammonium nitrate in
				magazines with blasting agents shall comply with the requirements of NFPA 495
as listed in rule
				1301:7-7-80 of the
				Administrative Code
.