New Fireworks Law Sets off Headaches for FDs | Geauga County Maple Leaf

2022-08-13 07:55:36 By : Mr. David Ding

Ohio House Bill 172 may make July 4th brighter, noisier and more fun for many Geauga residents, but it is presenting explosive headaches for fire departments everywhere.

Ohio House Bill 172 may make July 4th brighter, noisier and more fun for many Geauga residents, but it is presenting explosive headaches for fire departments everywhere.

Burton Fire Department Fire Safety Inspector Brien Spangenberg told Burton Village Council he has been meeting often with fire prevention officers and organizations trying to interpret the new law about the sale and display of fireworks taking effect July 1 this year.

“This has become a nightmare,” he said, adding fire departments don’t have the resources to make sure people are keeping within the limit of 1.3-grade fireworks.

“We’re not going to be out chasing people down,” he said. “It’s become virtually impossible to stop people from setting these things off.”

Sparklers, snakes and fountain boxes that shoot up to eight feet in the air are included in the grade 1.3 products, Spangenberg said.

The legislation allows fireworks to be set off on the main festive holidays including Fourth of July, New Year’s Eve, New Year’s Day, Memorial Day, Labor Day, Cinco de Mayo, Juneteenth and Lunar New Year.

Village attorney Todd Hicks said the village ordinance already bans individuals from setting off fireworks, but the OHB 174 requires more.

“Individuals are allowed to set off fireworks unless the municipality passes legislation that trumps the new Ohio law,” Hicks said, adding he has drafted such an ordinance, but it hasn’t come before council yet.

In addition, the law permits businesses that sell or store fireworks to increase the size of their facilities, but a significant sprinkler system is required, Spangenberg said.

The state is setting up a new bureau to deal with a shortage of state inspectors to deal with the requirements of the law, he said.

He recommended the village put some legislation in place before October, which is when businesses can apply for a $25 license and sell the 1.3-grade fireworks.

In other business, the village planning commission voted before the council meeting to recommend changing the high school property zoning from an S-1 special classification for public, tax-exempt use to B-1, central business use, said council member Cory Brown.

Council will need to read the amendment to the zoning resolution three readings and include a public hearing, which Mayor Ruth Spanos set for May 23.

The property and the 95,000-square-foot building owned by area businessman Tom Blair Jr. is still occupied by Berkshire Schools students and staff.

The new pre-kindergarten-through-grade-12 school on the Kent State University – Geauga campus is expected to be open in August and the old high school abandoned during the summer. Blair filed a petition March 31 for a zoning amendment that, if approved, will put the property in the same classification as other businesses along North Cheshire Street.

In the document, Blair says the property is currently under contract with Det Chansamone, a film compositor from Michigan who wants a “quaint, community-oriented facility” where he plans to establish a studio for film production.

Council also passed an ordinance to improve North Cheshire Street for an estimated $447,000.

A sales tax of 4% on fireworks is included in the bill signed by Gov. Mike DeWine in October after it passed both legislative branches by a clear majority, according to Fox 8 News.

The Nov. 8 article, “Ohioans can soon legally light off consumer fireworks with signing of new law,” quotes DeWine saying: “The bill I signed (HB 172) limits the discharge of fireworks to the more traditional holidays that Ohioans celebrate, while recognizing our numerous culturally diverse holidays. The compromise bill also reduces, by half, the allowable increase in showroom size originally offered in Senate Bill 113, while requiring enhanced fire sprinkler systems. The measure further prohibits the discharge of fireworks while in possession of, or under the influence of alcohol or controlled substances or on another person’s property without that person’s permission.”

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