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(O) Section 3315 General Requirements for Licensure Application and License

Ohio Fire Code 2011 > Ohio Administrative Code 1301:7-7-33 Explosives and Fireworks > 3315 General Requirements for Licensure Application and License

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Every license fee required in accordance with this rule shall be paid with cash or by money order, postal note, cashier's check, credit card, certified check or personal check payable to the "Treasurer, State of Ohio."

(b) 3315.1.2

Every required license fee shall be paid at or mailed to the "Division of State Fire Marshal," at the address specified on the application material.

(2) 3315.2 Expired License

Renewal applications received after the required submittal dates shall be considered new applications and shall meet the examination requirement of paragraph (S)(7)(3319.7) of this rule.

(3) 3315.3 Duplicate License

In the event that a valid license is lost or accidentally destroyed, an application for a duplicate license shall be made in writing to the state fire marshal. The application for a duplicate license shall be accompanied by a ten-dollar fee.

(4) 3315.4 Misuse of License

No person who has been issued a manufacturer's or wholesaler's license shall give or permit any other person to use such license in violation of division (D) of section 3743.04 and division (D) of section 3743.17 of the Revised Code. No person who has been issued a shipping permit shall give or permit any other person to use such permit in violation of division (F) of section 3743.40 of the Revised Code. No person who has been issued an exhibitor's license shall give or permit any other person to use such license in violation of division (B) of section 3743.52 of the Revised Code. Any license or permit is not transferable or assignable to any other holder at the same location without the written permission of the state fire marshal, nor shall any license be extended beyond the dates set out therein.

Exception: A permit for a fireworks exhibition may be transferred to a substitute licensed exhibitor as provided for in paragraph (H)(8)(g)(3308.8.7)of this rule.

(5) 3315.5 Forfeiture of Fee

When a license has been denied, revoked or suspended pursuant to this rule and Chapter 119. of the Revised Code, the fee for such license shall be forfeited and deposited into the state fire marshal's rotary fund and applied as a fee for license processing.

(6) 3315.6 Issuance, Denial or Revocation

The state fire marshal shall not issue an initial license, permit or registration authorized by Chapter 3743. of the Revised Code, if the applicant for the license or permit, or any individual holding, owning, or controlling a five per cent or greater beneficial or equity interest in the applicant for the license or permit, has been convicted of or pleaded guilty to, after June 30, 1997, a felony under the laws of this state, another state, or the United States.

(7) 3315.7 Investigation

Upon receipt of an application and the required accompanying matter, the state fire marshal shall forward to the superintendent of the bureau of criminal identification and investigation a request that the bureau conduct an investigation of the applicant and, if applicable, additional individuals who hold, own, or control five per cent or greater beneficial or equity interest in the applicant, to determine whether the applicant or the additional associated individuals have been convicted of or pled guilty to a felony under the laws of this state, another state, or the United States. If the applicant for initial licensure has resided in this state for less than five continuous years immediately prior to the date the applicant submits an initial application, the superintendent also shall request that the Federal Bureau of Investigation conduct an investigation of the applicant and, if applicable, additional individuals who hold, own or control a five per cent or greater beneficial or equity interest in the applicant, to determine whether the applicant or the additional associated individuals have been convicted of or pled guilty to a felony under the laws of this state, another state, or the United States. The superintendent shall forward the results of the investigation to the state fire marshal and may charge a reasonable fee for providing the results. The state fire marshal shall also assess the applicant any fee charged by the superintendent for the results to the applicant.

(8) 3315.8 License Status

The state fire marshal shall not place the license of a manufacturer or wholesaler in a temporarily inactive status while the holder of the license is attempting to qualify to retain the license.

(9) 3315.9 Geographic Transfer of License

Upon application by a licensed wholesaler of fireworks, a wholesaler license may be transferred from one geographic location to another within the same municipal corporation or within the unincorporated area of the same township, but only if all of the following apply:

(a) The identity of the holder of the license remains the same in the new location.

(b) The former location is closed prior to the opening of the new location and no fireworks business of any kind is conducted at the former location after the transfer of the license.

(c) The new location has received a local certificate of zoning compliance and a local certificate of occupancy, and otherwise is in compliance with all local building regulations.

(d) Every building or structure at the new location is separated from occupied residential and nonresidential buildings or structures, railroads, highways, or any other buildings or structures located on the licensed premises in accordance with the distances specified in NFPA 1124 as listed in rule 1301:7-7-47 of the Administrative Code.

(e) Neither the licensee nor any person holding, owning, or controlling a five per cent or greater beneficial or equity interest in the license has been convicted of or has pleaded guilty to a felony under the laws of this state, any other state, or the United States after July 1, 1997.

(f) The state fire marshal approves the request for the transfer. The new locations shall comply with the requirements specified in divisions (A)(1) and (A)(2) of section 3743.25 of the Revised Code whether or not the fireworks showroom at the new location is constructed, expanded, or first begins operating on and after July 1, 1997.

(10) 3315.10 Ownership Transfer of License

Upon application by a licensed manufacturer or wholesaler of fireworks, a manufacturer or wholesaler license may be transferred to another person for the same particular location for which the license was issued if the assets of the manufacturer or wholesaler are transferred to that person by inheritance or by a sale approved by the state fire marshal. The state fire marshal shall not approve any transfer applications under this paragraph unless:

(a) The state fire marshal receives a satisfactory application for such a transfer on a form approved by the state fire marshal.

(b) The person seeking to transfer the license is the verified owner of the license and is otherwise permitted by law to transfer its ownership interests in such license.

(c) The person receiving ownership of the license meets the requirements of the Revised Code and this code for the possession of such a license.

(d) The licensed premises for the particular location is inspected by the state fire marshal.

(e) The license and the licensed premises are in compliance with the provisions of the Revised Code and this code.

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