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1301:7-7-56 Explosives and Fireworks

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1301:7-7-56 Explosives and Fireworks ACTION: Original DATE: 10/18/2018 11:42 AM 1301:7-7-56 Explosives and fireworks. (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 (Y)(5625) 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. 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 address in NFPA 1124 (2015 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 (2015 Edition) as listed in rule 1301:7-7-80 of the Administrative Code. Note: for copyright claim information, please see the notice on the last page of this rule. RB p(184396) pa(323283) d: (720566) ra(547898) print date: 10/29/2018 3:52 PM 1301:7-7-56 2 (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. (2) 5601.2 Permit required. Permits shall be required as set forth in rule 1301:7-7-01 of the Administrative Code and regulated in accordance with this rule. Permits required for manufacture, processing and explosives storage and explosive material storage as set forth in rule 1301:7-7-01 of the Administrative Code shall be obtained from the state fire marshal. No permit shall be required under this code for any actions by a law enforcement agency taken pursuant to section 3743.68 of the Revised Code, including the confiscation, verification and testing, storage, or destruction of fireworks. (a) 5601.2.1 Conditions for the issuance of a permit to manufacture, process or store explosives or explosive materials. No permit shall be issued for the manufacturing, processing or storage of explosives or explosive materials unless the following conditions are met: (i) The applicant submits an application for permit on a form prescribed by the state fire marshal. (ii) The applicant pays the required fees and satisfies the background check and financial responsibility requirements as required by this rule. (iii) The applicant provides a list of all explosives and explosive materials to be manufactured, processed or stored under the permit. Note: for copyright claim information, please see the notice on the last page of this rule. 1301:7-7-56 3 (iv) The applicant provides a map showing the distances between the locations of the activities subject to the permit and any adjacent structures, lot lines, railroads and roadways. (v) The activities and locations subject to the permit have been inspected by the fire code official having jurisdiction and found to be in compliance with NFPA 495 as listed in rule 1301:7-7-80 of the Administrative Code and this code. (b) 5601.2.2 Residential uses. Persons shall not keep or store, nor shall any permit be issued to keep or store, any explosives at any place of habitation, or within 100 feet (30 480 mm) thereof. Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with paragraph (F)(5606) of this rule. (c) 5601.2.3 Sale and retail display. Persons shall not construct a retail display nor offer for sale explosives, explosive materials or fireworks upon highways, sidewalks, public property or in Group A or E occupancies. (d) 5601.2.4 Permit restrictions. The fire code official is authorized to limit the quantity of explosives, explosive materials or fireworks permitted at a given location. Persons, possessing a permit for storage of explosives at any place, shall not keep or store an amount greater than authorized in such permit. Only the kind of explosive specified in such a permit shall be kept or stored. Exception: Permit limitations on the quantity of fireworks possessed or stored at a licensed premises for fireworks, as that term is defined in section 3743.01(BB) of the Revised Code, shall be approved by the state fire marshal before any enforcement of such provisions by a local fire code official. (e) 5601.2.5 Financial responsibility. Before a permit for the storage of explosives or explosive materials is issued, as required by paragraph (A)(2)(5601.2) of this rule, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $100,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property that arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. Before a permit for the manufacture or processing of explosives or explosive materials, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $1,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property that arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required.
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