Fireworks & the Law

OHIO LAW

Ohio law specifically permits the use of sparklers, trick noise makers and other such novelties. It is one of five such states that permits the use of "novelty" fireworks. These fireworks can be sold and used anywhere in Ohio. Other "consumer fireworks" may only be sold by a licensed fireworks manufacturer or wholesaler. While they can be purchased by anyone over 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" include cone fountains, cylindrical fountains, roman candles, sky rockets, firecrackers, mines and shells, helicopter-type rockets, certain sparklers and revolving wheels. Penalties for discharging "consumer fireworks" include fines up to $1,000 and a maximum of six months in jail.

17 states essentially permit all consumer fireworks, 17 permit "safe and sane" fireworks, 5 permit "novelty" fireworks, and the remainder do not permit fireworks.

Display fireworks can only be sold by a licensed fireworks manufacturer or wholesaler and used by a licensed fireworks exhibitor. These also require permits and application to local authorities. A minimum of $1 million in insurance coverage is required, but some jurisdictions may require more. Also required is a state license, with the applicant being at least 21 years of age. An annual test and fee also apply.

Statistics
While fireworks injury rates are at an all-time low, they still remain prevalent. From 1994 to 1999, the injury rate dropped over 32%. 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 number as in 1998. That's down from 10,900 in 1995. In 1994, the figure was 12,500.

Federal law prohibits explosive devices like M-80s and M-100s. Although banned, these still account for one-third of all Fourth of July injuries.

This Fourth of July, legal fireworks that meet the safety regulations of the CPSC will be on sale in 40 states and the District of Columbia.

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