The provisions of paragraph
(U)(3322) of this rule concerning the structure of the buildings used on a licensed premises or with the distance requirements of division (G) of section 3743.06 or division (H) of section 3743.19 of the Revised Code do not apply to buildings that were erected on or before May 30, 1986 and were occupied by a licensed manufacturer or wholesaler with a license for that location prior to December 1, 1990.
The safety requirements established in division (C) of section 3743.25 of the Revised Code and paragraph
(T)(3320) of this rule are not subject to any variance, waiver or exclusion pursuant to Chapter 3743. of the Revised Code or any applicable building code.
Each licensed premises shall only contain one sales structure.
The only structures, or portions thereof, on a licensed premises that the public may enter are approved retail sales or representative sample showrooms meeting the provisions of this rule. The public is prohibited from accessing any other structures, buildings, magazines or storage trailers on the licensed premises.
No person shall sell fireworks of any kind to a person under eighteen years of age. No person under eighteen years of age shall enter a fireworks sales showroom unless that person is accompanied by a parent, legal guardian, or other responsible adult. No person under eighteen years of age shall touch or possess fireworks on a licensed premises without the consent of the licensee. A licensee may eject any person from a licensed premises that is in any way disruptive to the safe operation of the premises.
A uniformed safety officer shall be present at all times that any fireworks building is open to the public during the period commencing fourteen days before, and ending two days after, each fourth of July. The officer shall be highly visible, stationed at the showroom entrance, and shall enforce the provisions of Chapter 3743. of the Revised Code and any applicable fire and building codes, including but not limited to maximum occupancy load and no smoking regulations to the extent the officer is authorized by law, and be one of the following:
(i) A deputy sheriff;
(ii) A law enforcement officer of a municipal corporation, township, or township or joint township police district;
(iii) A private uniformed security guard registered under section 4749.06 of the Revised Code.
If any fireworks item is removed from its original package or is manufactured with any fuse other than a safety fuse approved by the consumer product safety commission, then the item shall be covered completely by repackaging or bagging or it shall otherwise be covered so as to prevent ignition prior to sale.
All retail sales and representative sample showrooms shall be located on grade level only.
A sufficiently sized and legible copy of the approved maximum occupant load shall be prominently posted within every retail sales or representative sales showroom structure near the main entrance.
Awnings and tents shall not be used as facilities for the sale or storage of fireworks. An awning or tent attached to a retail sales or representative sample showroom may be used for storing nonflammable shopping convenience items such as shopping carts or baskets or for providing a shaded area for patrons waiting to enter the public sales area.
Each fire alarm, fire detection, smoke control, fire suppression or other fire protection system installed in each building on the licensed premises shall be inspected, tested and maintained in an operable condition in accordance with the requirements of the Revised Code and the building code as listed in rule 1301:7-7-47 and this code.
(a) If any fire alarm, fire detection, smoke control or other fire protection system, or critical component of any such systems, is not functioning or has been turned off for repair or maintenance, the building shall be closed to members of the public unless the state fire marshal approves a fire watch while the system is being repaired or maintained.
(b) Suppression system. A fire suppression system as defined in section 3781.108 of the Revised Code may be turned off only for repair, drainage of the system to prevent damage by freezing during the period of time, approved by the state fire marshal, that the facility is closed to all public access during the winter months, or maintenance of the system. If any repair or maintenance is necessary during the times when the facility is open for public access and business as approved by the state fire marshal, the licensee shall notify in advance the state fire marshal, the appropriate insurance company and fire chief or fire prevention officer regarding the nature of the maintenance or repair and the time when it will be performed.
(c) If any fire suppression system as defined in section 3781.108 of the Revised Code is not functioning or has been turned off for repair or maintenance, the fireworks wholesale showroom shall be closed to members of the public unless the state fire marshal approves a fire watch while the system is being repaired or maintained.
All fireworks sales structures shall be separated by construction or distance from the storage facilities. Storage areas for fireworks that are in the same building where fireworks are displayed and sold to the public shall be separated from the areas to which the public has access by an appropriately rated fire wall in accordance with the building code as listed in rule 1301:7-7-47 of the Administrative Code. If the licensee installs and properly maintains a sprinkler system that utilizes early suppression fast response sprinkler heads throughout the structure and the sprinkler system is designed and installed in compliance with NFPA 13 as listed in rule 1301:7-7-47 of the Administrative Code, a fire barrier wall may be substituted for a fire wall between the areas to which the public has access and the storage portions within the structure.
All licensed premises shall have an approved storage building, structure or magazine located on the premises as required by the provisions of this rule. A license shall not be issued to any manufacturer or wholesaler for a showroom area that does not have an approved storage building, structure or magazine that meets the provisions of this rule.
A licensed manufacturer or wholesaler shall bring retail sales showroom structures, to which the public may have access and in which employees are required to work, on all licensed premises, into compliance with the following safety requirements:
A retail sales showroom that is constructed, undergoes major alteration or upon which expansion is undertaken on and after June 30, 1997, shall be equipped with interlinked fire detection, fire suppression, smoke exhaust, and smoke evacuation systems that are approved by the superintendent of the division of industrial compliance in the department of commerce. The fire suppression system shall be a wet sprinkler system designed and installed in accordance with NFPA 13 as listed in rule 1301:7-7-47 of the Administrative Code.
A fireworks showroom structure that exists on July 1, 1997, shall be retrofitted on or before June 1, 1998, with interlinked fire detection, smoke exhaust, and smoke evacuation systems that are approved by the superintendent of the division of industrial compliance. If meeting these retrofitting requirements would constitute an extreme financial hardship that would force a licensee to terminate business operations, the licensee shall conduct sales only on the basis of defused representative samples in closed and covered displays within the fireworks showroom.
A retail sales showroom that first begins to operate on or after June 30, 1997, and to which the public has access for retail purposes shall not exceed five thousand square feet in floor area.
A newly constructed or existing fireworks showroom structure that existed on September 23, 2008, but that is constructed, altered or added to in a manner requiring the submission of plans, drawings, specifications, or data pursuant to section 3791.04 of the Revised Code, shall comply with a graphic floor plan layout that is approved by the state fire marshal and superintendent of the division of industrial compliance showing width of aisles, parallel arrangement of aisles to exits, number of exits per wall, maximum occupancy load, evacuation plan for occupants, height of storage or display of merchandise, and other information as may be required by the state fire marshal and superintendent.
A fireworks showroom structure that exists on June 30, 1997, shall be in compliance on or after June 30, 1997, with floor plans showing occupancy load limits and internal circulation and egress patterns that are approved by the state fire marshal and superintendent of industrial compliance, and that are submitted under seal as required by section 3791.04 of the Revised Code.
(a) A sufficiently sized and legible copy of the approved egress floor plan shall be prominently posted within the showroom structure near the main entrance.
(b) Any proposed change to the approved egress floor plan shall be submitted to the state fire marshal and superintendent of the division of industrial compliance for approval. Changes shall not be made to aisle widths, egress patterns, location or overall height of showroom fixtures or other elements of the approved egress floor plan without first obtaining the written approval of the state fire marshal and superintendent of the division of industrial compliance.
The maximum occupant load for any retail sales showroom shall not exceed one occupant per sixty square feet of gross floor area. The maximum occupant load may be increased to one occupant per thirty square feet of gross floor area if both of the following conditions are satisfied:
(a) A minimum of one means of egress approved by the building official and the state fire marshal is provided for each twenty-five occupants or fraction thereof.
(b) A minimum of three means of egress approved by the building official and the state fire marshal are located to provide direct access in separate directions from any point in the area served so as to minimize the possibility that adequate exit capacity would be blocked by any one fire or other emergency condition.
A licensed premises may contain one structure or portions thereof, to which the public may have access for the purpose of conducting sales from a representative sample showroom. All such representative sample showrooms shall be:
Constructed, altered and maintained in accordance with the building code as listed in rule 1301:7-7-47 of the Administrative Code for a use and occupancy group that permits mercantile sales and this code and approved by the building official having jurisdiction over the subject facility via a valid certificate of occupancy and the state fire marshal for such use.
Prior to any such construction, alteration, or use of a structure, or portion thereof, for public view of product representations, the licensee shall notify the state fire marshal in writing of the intent to alter, construct or utilize a structure, or portion thereof, for public viewing of product representations and obtain authorizations for such use and for the construction of or alteration of such structures, or portions thereof, in accordance with paragraph
(T)(3320.2) of this rule.
Operated in accordance with the certificate of occupancy, the use group classifications and maximum occupant load requirements of the building code as listed in rule 1301:7-7-47 of the Administrative Code, this code, and the approval described in this paragraph.
A representative sample showroom shall not contain any pyrotechnics, pyrotechnic materials, explosives, explosive materials, fireworks, or any similar hazardous materials or substances. When the public has access to a representative sample showroom, such structures or portions thereof may only contain a product representation that consists of paper materials, packaging materials, catalogs, photographs or similar product depiction. The public may not access any other portions of such structures.
A representative sample showroom shall be used only for the public viewing of firework product representations, including paper materials, packaging materials, catalogs, photographs, or other similar product depictions.
At no time shall a licensed manufacturer or wholesaler sell any class of fireworks outside a licensed building. A licensed manufacturer or wholesaler shall only sell 1.4G fireworks from a representative sample showroom or a retail sales showroom. The sale of fireworks from a storage building or magazine is prohibited and the general public shall be prohibited from such areas.
The sale of fireworks from motor vehicles is prohibited.
The delivery of product to a purchaser of fireworks at a licensed premises that has a representative sample showroom structure shall not occur inside any structure on a licensed premises, but shall occur on the licensed premises.
A retail sale includes the transfer of the possession of the 1.4G fireworks from the licensed manufacturer or wholesaler to the purchaser of the fireworks.
All retail sales of 1.4G fireworks by a licensed manufacturer or wholesaler shall only occur from the inside of an approved retail sales showroom or a representative sample showroom, located on a licensed premises and from no other structure or device outside a licensed building.