Fireworks

1.    When can consumer-grade fireworks be discharged in Brooklyn?

•    Consumer-grade fireworks may be discharged only between 10 a.m. and 11 p.m. on July 4, 2022, and each July 4 thereafter. (B.C.O. 1519.04(f)) Fireworks are not permitted at any other time or on any other day. (R.C. 3743.451(B)) Consumers may not discharge commercial-grade fireworks at any time on any day. 

2.    Who may discharge fireworks?

•    No person under the age of 18 is permitted to handle or discharge fireworks. (R.C. 3743.451(B); O.A.C. 1301:7-7-56(Z))

•    No person can use fireworks while under the influence of any intoxicating liquor, beer, or controlled substance. (R.C. 3743.65(G))

3.    Where can fireworks be discharged?

•    Among other state requirements found here, the following apply (O.A.C. 1301:7-7-56(Z)):

o    Consumers can discharge fireworks on their own property or on another person’s property if the owner of that property has given express permission for fireworks to be discharged. (See also R.C. 3743.451(B) and R.C. 3743.65(H))

o    Persons under the age of 18 cannot be within 150 feet of the discharge point of aerial fireworks.

o    Aerial devices – aerial shells, roman candles, cakes, and bottle rockets – cannot be discharged within 150 feet of spectators. (Note: This separation is increased for certain types of locations such as hospitals, schools, healthcare and residential facilities, apartment and multi-tenant buildings, military installations and railroads.)

o    Non-aerial devices – fountains, firecrackers and ground effect devices – cannot be discharged within 50 feet of spectators. (Note: This separation is increased for certain types of locations such as hospitals, schools, healthcare and residential facilities, apartment and multi-tenant buildings, military installations and railroads.)

o    Fireworks cannot be discharged indoors.

o    Fireworks cannot be aimed at or discharged toward any person or object (such as buildings).

o    Fireworks cannot be discharged on public property or private school property.

4.    What other safety measures are required for those possessing or discharging fireworks?

•    Persons possessing and discharging fireworks  must maintain possession of fire suppression equipment reasonably designed to respond to hazards caused by fireworks possession or use. (B.C.O. 1519.04(f))

•    Among other state requirements found here, the following apply (O.A.C. 1301:7-7-56(Z)):

o    No person can use fireworks while in possession or control of, or under the influence of, any intoxicating liquor, beer, or controlled substance. (See also R.C. 3743.65(G))

o    No person can store in excess of 125 pounds (net weight of pyrotechnic composition) of fireworks unless they have additional safety measures and safeguards in place for such storage.

o    Fireworks cannot be discharged if drought conditions exist or in an area where a red flag warning is in place or other weather hazard exists. 

5.    Where can Ohioans buy fireworks?

•    Only fireworks purchased in Ohio may be discharged in Ohio. (R.C. 3743.45) Consumers may purchase fireworks from any of the licensed sales locations throughout the state. (R.C. 3743.45) When purchasing fireworks, the retailer must provide consumers with safety glasses for free or at a nominal charge and with a safety pamphlet. (R.C. 3743.47)

6.    How are violations of these rules enforced? 

•    Any person who discharges consumer-grade fireworks outside of 10 a.m. to 11 p.m. on July 4 may be cited under B.C.O. 1519.04 and 1519.99. Violations are first-degree misdemeanors punishable with fines up to $1,000 or six months’ imprisonment or both.

•    Any person who possesses or discharges consumer-grade fireworks in violation of any of the state codes, including the Revised Code and Administrative Code sections referred to above, may be cited under R.C. 3743.65(G) (possession of fireworks while under the influence), R.C. 3743.65(H) (discharging fireworks on the property of another without consent), or R.C. 3743.65(B) (all other state regulations), as well as R.C. 3743.99. 

o    Violations of R.C. 3743.65(G) (possession of fireworks under the influence) are first-degree misdemeanors punishable with fines up to $1,000 or six months’ imprisonment or both. (R.C. 3743.99(F))

o    Violations of R.C. 3743.65(H) (discharging fireworks on another’s property without consent) are minor misdemeanors punishable with fines up to $150. (R.C. 3743.99(H))

o    Violations of R.C. 3743.65(B), which covers most safety regulations listed above, are first-degree misdemeanors punishable with fines up to $1,000 or six months’ imprisonment or both. (R.C. 3743.99(C))