House bill would study state fireworks law
Representative says current law not working
A colorful and eclectic assortment of explosives awaits consumers at Phantom Fireworks in West Salem. A proposed study committee in the state House of Representatives would determine whether buyers still need to take the product out of state to use it. Photo by BOB MOREHEAD
COLUMBUS – At some point, Ohioans may not only be able to buy fireworks but also shoot them off at home. But that won’t be soon.
House Bill 226, co-sponsored by Rep. Martin Sweeney, a Cleveland Democrat, is a step toward recognizing reality.
Currently, Ohioans may now legally buy most forms of common or “consumer” fireworks, but they must take those fireworks out of Ohio within 48 hours. For a long time, that law has raised eyebrows on folks in other states and paperwork has been signed with a wink here.
“Lawlessness is everywhere,” Sweeney told The Post. “We have a law on the books that has been in place for some time now. The legislature deemed it in the best interests of the citizens of the state of Ohio to be able to sell fireworks in the state of Ohio and transport them out. Time has advanced. It appears there’s not much compliance. People are signing a waiver saying I absolutely will and if I don’t it’s a misdemeanor of the first degree (punishable by up to six months in jail and $1,000 fine), which is a significant penalty. I have a request in to see how many tickets have been issued for this particular violation of our statute.”
In other words, it’s a law that doesn’t carry a lot of respect.
“Other states have managed this in a satisfactory way in my estimation,” Sweeney said. “It’s about regulating, permitting and enforcing a law that makes sense.”
HB 226 won’t make consumer fireworks legal. What it will do is put together a study group and make a recommendation on what an Ohio fireworks law should look like.
“It will be a group that is laser-focused on this subject matter,” Sweeney said.
“If this bill is passed, it will put together a study committee made up of legislators, people in the industry, one person from Prevent Blindness and another from the Pyrotechnic Arts Guild,” Bill Weimer, vice president of Phantom Fireworks, which has an outlet in West Salem, said.
Weimer said the study committee would meet and research and then report back to the Statehouse in 2019.
“There are nuance issues that need to be addressed,” Weimer said.
As an executive in a consumer fireworks retailer, Weimer is especially concerned about a provision that would immediately enact a bill presented earlier by state Sen. Dave Burke, a Cincinnati Republican should the committee fail to report by the deadline. Modeled after Michigan’s law, this bill would remove restrictions for consumer fireworks altogether.
“Under our current law, licensees are not allowed to move the license outside the political subdivision it was issued in,” Weimer said.
Ohio now has around 50 licensed retailers who cannot move. Michigan has more than 1,000.
Weimer said many stores are situated on side roads.
“We have one north of the turnpike, you have to wind your way to it,” Weimer said.
His company is not allowed to relocate to the newer retail area at the highway exits because it is in a different subdivision. However, an opening of the state’s regulations without allowing existing licenses to transfer locations could drive many established outlets out of business. Many of these new outlets, he fears, will be from out-of-state operators.
Sweeney sees his approach as returning home rule, letting communities decide the matter for themselves.
“The key to this whole thing to get control over this is local governance,” Sweeney said. “This is one time where there seems to be a reversal in the home rule issue. There are complaints where a state decision law superseded a local decision where some folks believe it was a trampling of home rule.”
He believes whatever comes out of the study group will make enforcement easier rather than more difficult.
“My gut instinct is we’ll have the ability to control this more,” Sweeney said. “If the rules are established police will have a uniform directive. It will be conducive to a quality of life the people in the state of Ohio deserve.”
House Bill 226, co-sponsored by Rep. Martin Sweeney, a Cleveland Democrat, is a step toward recognizing reality.
Currently, Ohioans may now legally buy most forms of common or “consumer” fireworks, but they must take those fireworks out of Ohio within 48 hours. For a long time, that law has raised eyebrows on folks in other states and paperwork has been signed with a wink here.
“Lawlessness is everywhere,” Sweeney told The Post. “We have a law on the books that has been in place for some time now. The legislature deemed it in the best interests of the citizens of the state of Ohio to be able to sell fireworks in the state of Ohio and transport them out. Time has advanced. It appears there’s not much compliance. People are signing a waiver saying I absolutely will and if I don’t it’s a misdemeanor of the first degree (punishable by up to six months in jail and $1,000 fine), which is a significant penalty. I have a request in to see how many tickets have been issued for this particular violation of our statute.”
In other words, it’s a law that doesn’t carry a lot of respect.
“Other states have managed this in a satisfactory way in my estimation,” Sweeney said. “It’s about regulating, permitting and enforcing a law that makes sense.”
HB 226 won’t make consumer fireworks legal. What it will do is put together a study group and make a recommendation on what an Ohio fireworks law should look like.
“It will be a group that is laser-focused on this subject matter,” Sweeney said.
“If this bill is passed, it will put together a study committee made up of legislators, people in the industry, one person from Prevent Blindness and another from the Pyrotechnic Arts Guild,” Bill Weimer, vice president of Phantom Fireworks, which has an outlet in West Salem, said.
Weimer said the study committee would meet and research and then report back to the Statehouse in 2019.
“There are nuance issues that need to be addressed,” Weimer said.
As an executive in a consumer fireworks retailer, Weimer is especially concerned about a provision that would immediately enact a bill presented earlier by state Sen. Dave Burke, a Cincinnati Republican should the committee fail to report by the deadline. Modeled after Michigan’s law, this bill would remove restrictions for consumer fireworks altogether.
“Under our current law, licensees are not allowed to move the license outside the political subdivision it was issued in,” Weimer said.
Ohio now has around 50 licensed retailers who cannot move. Michigan has more than 1,000.
Weimer said many stores are situated on side roads.
“We have one north of the turnpike, you have to wind your way to it,” Weimer said.
His company is not allowed to relocate to the newer retail area at the highway exits because it is in a different subdivision. However, an opening of the state’s regulations without allowing existing licenses to transfer locations could drive many established outlets out of business. Many of these new outlets, he fears, will be from out-of-state operators.
Sweeney sees his approach as returning home rule, letting communities decide the matter for themselves.
“The key to this whole thing to get control over this is local governance,” Sweeney said. “This is one time where there seems to be a reversal in the home rule issue. There are complaints where a state decision law superseded a local decision where some folks believe it was a trampling of home rule.”
He believes whatever comes out of the study group will make enforcement easier rather than more difficult.
“My gut instinct is we’ll have the ability to control this more,” Sweeney said. “If the rules are established police will have a uniform directive. It will be conducive to a quality of life the people in the state of Ohio deserve.”