Application by a manufacturer or wholesaler for an original license or a renewal license shall be made prior to the first day of October preceding the license year for which the original application or renewal application is being made. The application form shall be as prescribed by the state fire marshal. Failure to submit the application and license fee prior to the first day of October may require that the applicant wait until the following year to make another application. The original and renewal fee for a manufacturer or wholesaler license shall be two thousand seven hundred fifty dollars. The manufacturer or wholesaler license is effective for one year beginning on the first day of December. The state fire marshal shall issue or renew a license only on that date and at no other time.
If an applicant has any storage locations approved in accordance with the Revised Code or this code, the applicant also shall submit a fee of one hundred dollars per storage location for the inspection of each storage location.
A manufacturer or wholesaler license may be denied or revoked pursuant to Chapter 119. of the Revised Code when any of the following occur:
The applicant has failed to submit proof of comprehensive general liability insurance or licensee has failed to maintain the same.
The applicant has failed to provide the required information on the application form provided by the state fire marshal including, but not limited to failure to include, the identification of a statutory agent if applicable or other designated agent for service of process at the time of application and prompt notification of any changes in the statutory agent.
The applicant has failed to include the required fee for the license with the application.
The applicant withdraws his or her application prior to an investigation or inspection by the state fire marshal to determine if the license shall be issued.
The applicant or licensee has made a misrepresentation or filed false statements.
There is substantial evidence that the fireworks premises are not in full compliance with Chapters 3781. and 3791. of the Revised Code, or any applicable building or zoning regulations.
The state fire marshal shall revoke or deny renewal of a license or permit first issued under Chapter 3743. of the Revised Code on or after July 1, 1997, if the holder of the license or permit, or any individual holding, owning, or controlling a five per cent or greater beneficial or equity interest in the holder of the license or permit, is convicted of or pleads guilty to a felony under the laws of this state, another state, or the United States.
The licensed premises fails to comply with the requirements as set forth in paragraph
(W)(3323) of this rule.
The applicant, licensee or premises fails to comply with the requirements or any provision of the Ohio Revised Code, Ohio Administrative Code or NFPA standards as listed in rule 1301:7-7-47 of the Administrative Code, or any order of the state fire marshal.
Applicants for all manufacturer or wholesaler licenses shall submit with their application to the state fire marshal a complete detailed list of all types of fireworks that they intend to wholesale, sell, offer for sale, transport, process, or otherwise dispose of. The list shall contain the following information:
The classification of all fireworks, including 1.1G fireworks (UN0333), 1.2G fireworks (UN0334), 1.3G fireworks (UN0335), 1.4G fireworks (UN0336), 1.4G special effects fireworks (UN0431), 1.4S fireworks (UN0337) or 1.4S special effects fireworks (UN0432) materials in accordance with the regulations of the U.S. Department of Transportation (DOTn 49 CFR as listed in rule 1301:7-7-47 of the Administrative Code), the type of all fireworks, and the names of each device in the inventory. Records of the amount of each type of device kept in the inventory shall be made available for inspection by the state fire marshal or his designee or fire code official upon request.
Applicants for a manufacturer or wholesaler license shall notify the state fire marshal in writing of any changes in content, construction, additions of, or deletion of any fireworks device on the submitted list. All lists shall be updated annually for license renewal.
All applicants for an initial manufacturer or wholesaler license, and thereafter at the discretion of the state fire marshal, shall submit a map showing the premises, all premises boundaries, building locations, building dimensions, distances between buildings, distance of the buildings from lot lines, railroads, roadways and habitable structures on adjoining properties. The map shall be sufficient to clearly delineate the boundaries, dimensions and all structures or other temporary or permanent fixtures located thereon that constitute the licensed premises. All buildings and structures shall be numbered and a list shall be attached to the map that corresponds to the building and structure number assigned to each, indicating the type of construction, date of construction (if erected after May 30, 1986) and actual use of each building and structure. Maps shall be drawn to scale by an architect, engineer or cartographer.
If a licensed premises consists of more than one parcel of real estate, those parcels shall be contiguous unless an exception is allowed pursuant to Chapter 3743. of the Revised Code and this rule for storage locations. The boundaries of a licensed premises, including the boundaries of an approved storage location, shall not change unless the license holder has first obtained written approval from the state fire marshal. The state fire marshal shall approve the change to such licensed premises boundaries only when the applicant clearly shows all of the following:
The proposed change would not be contrary to public health, safety or welfare.
The proposed area of premises expansion or premises contraction shall maintain the contiguity of the approved boundaries for the licensed premises or storage location.
Applications for such change shall include the submission of all of the following items:
A tax or appraisal map and/or a survey plot or other professionally prepared map.
Property deeds, lease agreements, and/or other appropriate proof of ownership or control. If the applicant does not own the licensed premises in fee simple, then the applicant must submit documentation, such as a copy of the current lease or rental agreement for the property, that the conduct of fireworks sales or related activity is an approved use of the premises by the owner.
A narrative description of all properties, structures, lot lines, and boundaries of the licensed premises involved and in the proposed change thereto.
All other relevant information requested by the state fire marshal.
Applicants for all manufacturer and wholesaler licenses shall submit with their application the parcel number and a copy of the deed of ownership or land contract for all of the parcels constituting the licensed premises. If the applicant does not own the licensed premises in fee simple, then the applicant must submit documentation, such as a copy of the current lease or rental agreement for the property, that the conduct of fireworks sales or related activity is an approved use of the premises by the owner.
The application for a manufacturer or wholesaler license shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership. If the application is made by a corporation, it shall be signed by the president of the corporation. The original or a certified copy of the articles of incorporation filed with the office of the secretary of state, stating each officer and statutory agent by name, and the letter of good standing shall be included with the application. Any change in the name of the identified officers of a corporation or the name of the identified statutory agent if applicable or other designated agent for service of process for each manufacturer or wholesaler that occurs during the licensure period shall be immediately submitted in writing to the state fire marshal.
For a manufacturer of fireworks license, each fireworks plant shall have at least one Class 1 magazine that is approved by the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury and that is otherwise in conformity with federal law. Such approval shall be evidenced only by a license issued by the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury.
Exception: This requirement does not apply to fireworks plants existing on or before August 3, 1931.